Categorical Analysis of Immigration Consequences 7 28 14
Вставка
- Опубліковано 29 вер 2024
- A 6-minute introduction to the categorical legal analysis that determines whether a state (or other) criminal conviction will have immigration consequences under United States law.
By Maureen A. Sweeney, Immigration Clinic, University of Maryland Carey School of Law
This is the BEST explanation of the categorical approach analysis I have EVER heard !!! Thank you ! Thank you ! Thank you !
Boring
it's only boring when you're not able to engage in it because it may not have any impact in your life. But for many people such as myself, a slight mistake in grammar or misapplication of the law or meaning of words in statutory construction have had irreparable harm. And I see this play out every time in many United States Supreme Court decision after 1996 law impacting many people around the world..
who is here to understand their state convictions. Knowing this is good. But the IJ and BIA and court of Appeals are not listening
anyone, can a federal credit card charge stand as an aggravated felony for immigration purposes if the ordered restitution is under $10,000 with a 33 month sentence? Because an aggravated felony is defined differently throughout IIRIRA, it's important to know how fraud is defined differently from theft..therefore, the controlling aggravated felony definition for fraud under section 101 (a) (43) (M) (i) is defined by the court ordered restitution amount not the sentence.but I could be wrong. Anyone want to take this on.
an additional question for anyone who can shed some insight,there is some confusion about the definition of aggravated felony in a hybrid statute that's divisible-how is a hybrid statute to be handled in immigration court because it has both a felony fraud element as well as a theft element such as Georgia financial transaction card fraud. The name transaction card fraud may suggest its a fraud, but it was prosecuted as a theft.therefore, shouldn't the the permit of Homeland security Mr. relevant subsection in order to sustain an aggravated felony charge for removal purposes? Thanks to everyone who responded.
Thank you for this clear explanation.
Great Work. Thanks!
Are you an immigration practitioner -is it correct to assume that because there are many different definitions of aggravated felony throughout the I IRIRA law, a fraud conviction that's defined by the monetary loss is not an aggravated felony even if the person was sentenced over one year imprisonment?
That was perfect!