921(a)…” (emphasis added). The memorandum addresses both section 237(a)(4)(F) and its parallel inadmissibility provision in section 212(a)(3)(G).
The Board analyzed section 237(a)(4)(A)(ii) in detail in Matter of Tavarez Peralta, 26 I&N 171 (BIA 2013) [PDF version] [see article]. The Board also held that the Government is not required to allow an alien charged with deportability under former section 241(a)(4)(C) to depart the United States voluntarily prior to the initiation of proceedings. In the instant case, the Board held that an alien convicted of violating 18 U.S.C. You can schedule a consultation with us on Skype, over the phone, or in person by using our “Online Consultation” form. In short, section 237(a)(2)(C) covers convictions for a wide array of conduct having to do with firearms or destructive devices as defined in 18 U.S.C. Interestingly, unlike most deportability provisions covered in section 237(a)(2), no conviction is required in order for an alien to be found to be removable for violating a protection order. Section 237 of the Immigration and Nationality Act (INA) contains grounds for which an alien who is in the United States after having been admitted or having had his or her status adjusted to that of lawful permanent resident may be removed. 451 et seq. The term “severe forms of trafficking in persons,” and the pertinent term “sex trafficking,” are found at 22 U.S.C. Such an alien is not deportable “solely because of [his or her] past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful in the United States.” In short, this exemption protects certain government officials and politicians from foreign countries from being removed under section 237(a)(4)(B) if their “beliefs, statements, or associations” would be lawful in the United States.
Here, the Board followed its long-standing rules on the issue when it held that “when an alien has performed an act, which, in and of itself, constitutes a complete, individual, and distinct crime, he is deportable when he again commits such an act, even though one may closely follow the other, be similar in character, and even be part of an overall plan of misconduct.” Id. Section 215 covers restrictions and prohibitions on the entry to or departure from (or attempts) the United States. The pertinent provision is excerpted below: This provision renders deportable: “Any alien who has received military-type training from or on behalf of any organization that, at the time the training was received, was a terrorist organization [as defined in section 212(a)(3)(B)(vi)(I) or (vi)(II)…]”. This is extremely crucial in cases involving deportability grounds in section 237(a)(4), which often involve complicated sets of facts and extensive evidence. bodily injury to the person or persons for whom the protection order was issued. Fax: (212) 964-0440, Copyright © 2019 My Attorney USA. Cloudflare Ray ID: 5f13a1e65bde381d
The Department of Homeland Security (DHS) has the “burden of establishing by clear, unequivocal, and convincing evidence” that multiple convictions did not arise out of a single scheme of criminal misconduct. Section 237(a)(2)(A)(i)(I) renders deportable any alien who “is convicted of some crime involving moral turpitude committed within five years … after the date of admission.” Furthermore, under section 237(a)(2)(A)(i)(II), the conviction must be one “for which a sentence of one year or longer may be imposed.” Clause (A)(i)(II) means that the actual sentence imposed need not be one year of imprisonment, but rather a possible sentence for conviction of the offense must include at least one year of imprisonment.
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