Descamps v. United States and its Effects on Immigration Law
SCOTUS’s Descamps decision is important for the immigration aggravated felony. The BIA has grappled with divisible statutes and Descamps in Matter of Chairez.
SCOTUS’s Descamps decision is important for the immigration aggravated felony. The BIA has grappled with divisible statutes and Descamps in Matter of Chairez.
Inadmissibility for criminal convictions/other grounds are inadmissibility grounds, incl. CIMTs. Noncitizens will need waivers of inadmissibility.Section 212(a)(2).
The aggravated felony in immigration law has serious consequences for aliens including ineligibility for cancellation of removal.
In Matter of Ortega-Lopez, the BIA held that a federal animal fighting statute (incl. cockfighting), was for, like prostitution, a crime involving moral turpitude.
Matter of Alday-Dominguez: it was held for aggravated felony theft, – how it impacts the immigrations status – read in our blog.
In the Matter of Obeya, the BIA followed the Matter of Lizarraga in finding that New York’s petit larceny statute is a categorical CIMT.
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