Category: Crim Imm – Crimigration

Is Virginia simple possession of child pornography a removable or deportable offense? Virginia code VA 18.2–374.1:1 (A), simple possession of child pornography for a first time offender, states that any person who knowingly possesses child pornography is guilty of a class six felony. The statute punishes the mere possession of material which is defined as sexually explicit visual material which […]

Grand Larceny not an Immigration Aggravated Felony For years Virginia felony grand larceny was deemed an aggravated felony for Immigration purposes, which means most likely a person with this conviction would be removed or would not be allowed to receive almost any immigration benefit. On December 23, 2014, the Fourth Circuit Court of Appeals which issues controlling decisions for Virginia, […]

We are fielding questions about whether someone in removal proceedings or who has been ordered removed (deported) can apply under the new Provisional Waiver Process. The Answer If you are currently in removal proceedings, they need to be “administratively closed” so that you can apply for the Provisional Waiver (I-601A). Once the waiver has been approved, you will need to “re-calendar” […]

The director of Immigration & Customs Enforcement, John Morton, released a memorandum on December 21, 2012 that if implemented will significantly scale back the application of detainers by federal, state and local law enforcement. Under the new guidance, ICE should issue a detainer only where (1) they have reason to believe the individual is an alien subject to removal from […]

When a permanent resident (LPR or greencard holder) travels overseas and returns, s/he is NOT to be treated as what is known as seeking admission (or an applicant for admission) into the United States. The Board of Immigration Appeals (BIA) clarified in Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) that to establish that a returning LPR is to be […]

On occasion (all the time in Prince William County, VA), when a non-citizen is pulled over or arrested by law enforcement for traffic or criminal violations, ICE place a detainer, a hold, on that person. A detainer is a request by ICE for the local police department or jail to hold the person for up to 48 hours while ICE […]

The Board of Immigration Appeals (BIA) further limited a non-citizen’s ability to apply for Cancellation of Removal issuing a decision disallowing a 212(h) waiver to be used to overcome certain criminal grounds. Cancellation of Removal for non-greencard holders is available to stop the removal (deportation) of an immigrant who can prove s/he has been in the United States for 10 […]

United States Citizenship & Immigration Services (USCIS) issued a memo on November 7, 2011 providing guidelines to officers describing when a Notice to Appear (NTA) is to be issued. An NTA is the document that starts removal (deportation) proceedings against a non-citizen. It is sometimes referred to as the charging document and receiving one of these is usually bad news […]

The BIA in Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011) determined that “Until an alien who is arrested without a warrant is placed in formal proceedings by the filing of a Notice to Appear (Form I-862), the regulation at 8 C.F.R. § 287.3(c) (2011) does not require immigration officers to advise the alien that he or […]

The Board of Immigration Appeals (BIA) in Matter of Bautista, s 25 I&N Dec. 616 (BIA 2011) determined that: “Attempted arson in the third degree in violation of sections 110 and 150.10 of the New York Penal Law is an aggravated felony under section 101(a)(43)(E)(i) of the Immigration and Nationality Act, 8U.S.C. § 1101(a)(43)(E (i) (2006), even though the State […]