Aggravated Felony Watch

Rodriguez-Valencia v. Holder (BIA 7/21/2011)

In a published decision, the BIA held that conviction for unauthorized imitation of trademarks constitutes an “aggravated felony” as an offense relating to counterfeiting for purposes of removal pursuant to 8 U.S.C. Sec. 1101(a)(43)(R).  The petitioner was convicted of violating California Penal Code Sec. 350 for having willfully manufactured, intentionally selling, and knowingly possessing for sale more than 1,000 articles bearing a counterfeit trademark.  The case doesn’t discuss exactly what articles were counterfeited.  Could be purses, CD’s, shoes, rims, or anything else.  Bottom line is that counterfeiters, if apprehended, could face serious jeopardy, as in getting deported.

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