April 15, 2011

Deportable Crimes under 8 U.S.C.A. § 1227 (Deportable Aliens)

Controlled Substances
(1)  Any conviction relating to a schedule I, II, III, IV, or V controlled substance will make a person deportable;
(2)  Any ‘drug abuser’ or ‘addict’ is deportable.

Crimes of Moral Turpitude: (Moral Turpitude means, “Generally, crimes are deemed to be offenses of moral turpitude if they are base, vile, or depraved-if they offend society's most fundamental values, or shock society's conscience. Fraudulent offenses, however, are so classified simply by virtue of their fraudulent nature.” Navarro-Lopez v. Gonzales, 503 F.3d 1063, 1074 (9th Cir. 2007)(Reinhardt concurring in part)):
(1)  any 2 moral turpitude convictions makes a person deportable, regardless of possible sentence;
(2)  a single conviction for moral turpitude will make a person deportable if the sentence can be 1 year or longer.

Domestic Violence Convictions - if the crime qualified as a ‘crime of violence’, then the person is deportable. Title 18 U.S.C.A. § 16 which defines ‘crime of violence’ as: 
(1) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or;
(2)  any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(see Cornell Law: http://bit.ly/lcRm6f or FindLaw: http://bit.ly/jFjcnp)

Violation of Protection Orders
(1) If the person violated “the portion of a protection order that involves protection against credible threats of violence repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable,” that the violation makes the person deportable.
(2) Thus, NOT the no alcohol or the eat your peas an vegetables conditions of restraining orders which judges and prosecutors use ensnare people into a violation.

Stalking, Child Abuse, Child Neglect, Child Abandonment - any conviction for stalking, child abuse, child neglect, or child abandonment will make a person deportable.

Aggravated Felony Conviction - a conviction for any “aggravated felony” as defined under 8 U.S.C.A. § 1101(a)(43), will make a person deportable - 21 possible convictions listed under subsection 43 qualify as aggravated felonies. 
(43) The term "aggravated felony" means:
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as defined in section 802 of title 21), including a drug trafficking crime (as defined in section 924 (c) of title 18);
 (C) illicit trafficking in firearms or destructive devices (as defined in section 921 of title 18) or in explosive materials (as defined in section 841(c) of that title);
(D) an offense described in section 1956 of title 18 (relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000;
(E) an offense described in
(i)section 842 (h) or (i) of title 18, or section 844(d), (e), (f), (g), (h), or (i) of that title (relating to explosive materials offenses);
(ii) section 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r) or 924 (b)or (h) of title 18 (relating to firearms offenses); or
(iii) section 5861 of title 26 (relating to firearms offenses);
(F) a crime of violence (as defined in section 16 of title 18, but not including a purely political offense) for which the term of imprisonment at [5] least one year; 
(G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment at one year;
(H) an offense described in section 875876877, or 1202 of title 18(relating to the demand for or receipt of ransom);
(I) an offense described in section 22512251A, or 2252 of title 18(relating to child pornography);
(J) an offense described in section 1962 of title 18 (relating to racketeer influenced corrupt organizations), or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one year imprisonment or more may be imposed;
(K) an offense that—
(i) relates to the owning, controlling, managing, or supervising of a prostitution business;
(ii) is described in section 24212422, or 2423 of title 18 (relating to transportation for the purpose of prostitution) if committed for commercial advantage; or
(iii) is described in any of sections 1581–1585 or 1588–1591 of title 18(relating to peonage, slavery, involuntary servitude, and trafficking in persons);
(L) an offense described in—
(i) section 793 (relating to gathering or transmitting national defense information), 798 (relating to disclosure of classified information), 2153 (relating to sabotage) or 2381 or 2382 (relating to treason) of title 18;
(ii) section 421 of title 50 (relating to protecting the identity of undercover intelligence agents); or
(iii) section 421 of title 50 (relating to protecting the identity of undercover agents);
(M) an offense that—
(i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or
(ii) is described in section 7201 of title 26 (relating to tax evasion) in which the revenue loss to the Government exceeds $10,000;
(N) an offense described in paragraph (1)(A) or (2) of section 1324 (a) of this title (relating to alien smuggling), except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this chapter  
(O) an offense described in section 1325 (a) or 1326 of this title committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;
(P) an offense
(i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title18 or is described in section 1546(a) of such title (relating to document fraud) and
(ii) for which the term of imprisonment is at least 12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this chapter;
(Q) an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more;
(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year;
(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which the term of imprisonment is at least one year;
(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years’ imprisonment or more may be imposed; and
(U) an attempt or conspiracy to commit an offense described in this paragraph.

The term applies to an offense described in this paragraph whether in violation of Federal or State law and applies to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years. Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conviction was entered before, on, or after September 30, 1996.(SeeCornellLaw: http://bit.ly/9xyUc or FindLaw:  http://bit.ly/iVAMs5 )

Firearm Convictions – 
any conviction of “purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device in violation of any law is deportable.” (firearms and destructive devices as definedin section 921(a) of Title 18 (see Cornell Law: http://bit.ly/iRr3fo or FindLaw: http://bit.ly/m4rwJK).

Federal Convictions
(1)  Spying, Sabotage, Treason, or Sedition – if the sentence could be 5 years or longer will make a person deportable
(2)  Military Expedition - against a friendly nation will make a person deportable
(3)  Selective Service – any violation of this Act will make a person deportable
(4)  Threats Against the President –any conviction for threatening the President will make a person deportable
(5)  Importation of alien for immoral purpose – any conviction under this statute will make a person deportable
(6)  Failure to Register -  a FEDERAL conviction for failing to register will make a person deportable. However, in United States v. Nasci, 632 F. Supp. 2d 194 (N.D.N.Y. 2009), a District Court found the statute unconstitutional because the statute was not a valid exercise of power under Necessary and Proper Clause, not valid exercise of spending power, and invalid under Commerce Clause.

1 comment:

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