Delgado v. Holder (9th Cir. 8/19/2011) Most folks with a passing understanding of immigration law know that certain crimes will lead to the denial of immigration benefits or removal. For instance, you would be ineligible for asylum if you were convicted of an aggravated felony, regardless of how meritorious your claim of persecution may be. […]
Posts Tagged ‘conviction’
BIA Has Authority to Expand List of “Particular Serious Crimes” Which Would Limit Asylum Claims
August 29th, 2011 
Max Nuyen State Conviction for Drug Offense Can be Basis for Removal Even if Conviction Is Expunged
July 18th, 2011 Max Nuyen Nunez-Reyes v. Holder (9th Cir. 7/14/2011) If a non-citizen is convicted of simple possession of a controlled substance under federal law, he or she will get a second chance. This is due to the Federal First Offender Act (“FFOA”), which mandates that a federal conviction for simple drug possession that has been successfully expunged shall […]
Immigration Judge May Not Request Corroborating Evidence For Convictions In Removal Hearings
January 15th, 2011 Max Nuyen Rosas-Castaneda v. Holder (9th Cir. 2011) This case illustrates the finer points between a conviction for a controlled substance violation and a conviction for an aggravated felony. In most circumstances, the differences are merely academic, because either type of conviction would render a person inadmissible, and therefore, not eligible for immigration benefits. However, in situations […]
Deferred Judgment with Suspended Fine Not Considered Conviction for Purposes of Removal
February 4th, 2010 Max Nuyen Retuta v. Holder (9th Cir. 2010) In this case, the 9th Circuit addressed the question of whether the definition of a “conviction” in accordance with 8 U.S.C. § 1101(a)(48) includes a judgment that withholds an adjudication of guilt and that only imposes a suspended fine. The case arose because DHS placed Retuta, an immigrant from […]
Posted in Deportation and Detention 
Tags: controlled substance, conviction, criminal convictions, deferred judgment, drug possession, minute order, removal, Retuta v. Holder, suspended sentence 
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