Crimes of Moral Turpitude and Aggravated Felony, US Deportation

Whether you are on a valid Visa or have a Pending Immigrant Visa ( Asylum, Family Related, Marriage Related, Extraordinary Abilities, Work-Sponsored Visas” you will be placed in Removal Procedure that means Deportation by ICE (the enforcement body of Immigration, Immigration and Customs Enforcement).

Dealing with ICE can happen through Immigration Court, under the Judgment of an Impartial Judge. However, there are Statutory limitations that may limit Judge’s Discretionary Orders.

For Example if the detainee is an ARRIVING ALIEN, meaning he or she was admitted at any US port of entry , upon removal order, the Judge would not have discretionary power to set bonds or any other form of release upon the order of President Trump’s attorney general.

Now, even if someone is Not an Arriving Alien, the ICE attorney can try to establish a case in front of the judge that the Alien is a danger to the society. In that case if Immigration Judge decides to do so and is convinced by the ICE argument, the request for release, release under monitoring (GPS), or release with bond, would be denied, meaning the detainee would remain in Jail.

What about if an alien (none US Citizen) commits a crime? In the immigration eyes, there are differences between a) Crimes and b) Crimes of Moral turpitude and c) Aggravated Felony ( Including Crimes of Violence).

Under Current rulings and the laws might change, a mere shoplifting case (Petty Theft) is NOT a trigger for an order of removal ( be placed in order), but it CAN very negatively affect the discretionary rulings on cases one might get from the United States Citizenship and Immigration Services ( Citizenship).

That is why, it’s important to have a great attorney for both your criminal charges in Criminal Courts and your Immigration Consequences of the crime.

In Stokeling v. United States, the Supreme Court found that Florida robbery is a crime of violence under the ACCA, because the confrontation involved in “overcoming the resistance of the victim” in a robbery is inherently violent, even if the force used is minor.

The above United States Supreme Court Case may also be used by ICE:
Some California Crimes maybe wrongly used. ICE may wrongly assert that some California offenses should be held crimes of violence, for example California Penal Code §§ 236/237 (felony false imprisonment) or § 243(d) (simple battery that results in injury).

Criminal Immigration Laws are complex and open to variety of the interpretation depending on the state statute, Federal Reliefs available and totality of circumstances.

If you are an immigrant and are facing potential criminal charges, you must contact a criminal immigration attorney along with criminal attorneys you consult with in your state to find a solution to preserve your immigration status or apply for new status that would keep you in the United States.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) & Orange County Trial Lawyers’ Association. Ramona Kennedy is fluent in English and Farsi (Persian).

#bestlawyerusa
Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006
Website: www.bestlawyerusa.com
www.topsuperlawyer.com
Immigration Law Blog in English:
www.kennedylawblog.wordpress.com
Immigration Law Blog in Farsi:
www.kennedylawblog1.wordpress.com
Business Law Blog in English:
www.kennedylawblog2.wordpress.com
Office Locations:
Los Angeles (Westwood) Location
-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Locations:
Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618
Newport Beach:
-5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

The effects of “Conviction v. Admission” In Immigration Proceedings

When a crime is charged, and respondent is not convicted, it may cause him to be inadmissible when he admits the essential elements of the crime.

This inadmissibility happens under 8 U.S.C. § 1182(a)(2)(A)(i) (ground of inadmissibility for any alien who is convicted of or admits committing the essential acts of a crime involving moral turpitude).

However conviction of certain crimes causes a Green Card Holder, a Valid Visa Holder, or a Permanent Resident, to be removable from United States under 8 U.S.C. § 1227(a)(2)(A)(i) (ground of deportability for an alien convicted of a crime involving moral turpitude).

Use of Controlled Substance may also be grounds to be used to bar an applicant’s entry like when applicant was determined inadmissible because he used marijuana in Philippines which was violation of a foreign state rules pertaining controlled substance. 8 U.S.C. § 1182(a)(2)(A)(i)(II); Pazcoguin v. Radcliffe, 292 F.3d 1209, 1218 (9th Cir. 2002)

But What is a Conviction? A conviction happens when a court or a jury finds the alien guilty; whether a formal judgment has been entered or the alien has entered some form of plea (even nolo contendere or any form of admission to find guilt) or some form of penalty, punishment or restraint has been imposed upon alien. Reyes v. Lynch, 834 F.3d 1104, 1107 (9th Cir. 2016)

Nolo contendere means when a person charged in a criminal prosecution admits to be convicted by pleading guilty but does not admit guilt.

The laws here are very fact sensitive and at times appear unfair to an immigrant. For Example It has been decided that the underlying offense be labeled a crime as long as the proceedings are ‘criminal in nature. ’” Diaz-Quirazco, 931 F.3d at 835, 843–46 ; violation of protection order is enough grounds to remove an alien.

Or, when a juvenile is tried as an adult under state laws, he can be removable under immigration laws; Vargas-Hernandez v. Gonzales, 497 F.3d 919, 927 (9th Cir. 2007). and Rangel-Zuazo v. Holder, 678 F.3d 967, 968–69 (9th Cir. 2012).

Immigration cases are complex and very different each time facts change. The best way to ensure your best interest is to consult with a knowledgeable lawyer, who passionately cares about your situation.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) & Orange County Trial Lawyers’ Association. Ramona Kennedy is fluent in English and Farsi (Persian).

#bestlawyerusa
Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006

Website: www.bestlawyerusa.com
www.topsuperlawyer.com
Immigration Law Blog in English:
www.kennedylawblog.wordpress.com
Immigration Law Blog in Farsi:
www.kennedylawblog1.wordpress.com
Business Law Blog in English:
www.kennedylawblog2.wordpress.com

Office Locations:
Los Angeles (Westwood) Location
-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Locations:
Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618
Newport Beach:
-5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Why Is It highly Recommended for You to Have Legal Representation?

There have always been obvious legal reasons where one needs to hire an attorney. But these reasons in some legal matters were not as compelling as we have seen it in the most recent years.

For example, After September 11, 2018, the United States Citizenship and Immigration Services changed policies so some applications will be denied without receiving any RFE (request for further evidence).

The result of this policy has been devastating for applicants. There are many applicants that have worked very hard to be a model citizen, pay taxes and to live and practice based on their best behavior during years of residency in the US.

These immigrants have heard the stories associated with the Famous American Dream and tried to be the very example of its achievers. They have worked hard so that one day they would receive the honor of being a US CITIZEN and to receive protection under the mighty government of the United States.

And at some point, because they didn’t have a legal representation, their applications have been easily denied. Even sometimes a group of family members with similar life stories have had various acceptance and approvals regardless of their similarities.

Sometimes denials were due to the clerical error, sometimes they were due to the misunderstanding and misinterpretation of the rules and sometimes missing major documents. The denials ,if not corrected and appealed ontime would be grounds for reapply and submission.

Reapplying continue new filing fees and a long time wait as it is now taking a lot more time to receive updates from USCIS ( US Citizenship and Immigration services). It also may subject a denied application to new rulings of US government and president Trump where an applicant must follow further guidelines or procedures.

The Overall circumstances with US Immigration and Services have put many hardworking, law abiding citizens on a difficult path. Hiring an experienced lawyer can help you to overcome all these obstacles and become a US Citizen or succeed with other immigration dreams ( Having a student Visa, Proper Visa Documents, Green Card, Asylum, help with Removal and Deportation and Etc, etc).

This is an immigration legal blog. It is not intended to be used as legal advice. And dos not create Attorney-Client Relationship.
For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).
#bestlawyerusa

Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006
Website: www.bestlawyerusa.com www.topsuperlawyer.com
Immigration Law Blog in English: www.kennedylawblog.wordpress.com
Immigration Law Blog in Farsi: www.kennedylawblog1.wordpress.com
Business Law Blog in English: www.kennedylawblog2.wordpress.com

Telegram Channel in Farsi:
Office Locations:
Los Angeles (Westwood) Location
-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Locations:
Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618
Newport Beach:
-5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Certain Crimes Could Have Unwanted Effects on Your Immigration Status; Defenses in Both Criminal and Immigration Courts Very Important

California Penal Code of 484 e(d) states every person who acquires or retains possession of access card account information with respect to an access card validly issued to another person, without the cardholders or issuers consent , with the intent to use it fraudulently is guilty of Grand Theft.

In California, Felony Grand Theft is codified under Penal Code Section 487, which states that Grand Theft is the “unlawful taking of another’s property valued above $950.

Grand theft is a “wobbler” offense, which means that grand theft in California may either be charged as a misdemeanor or a felony; depending on (1) the particular facts of the case and (2) the defendant’s criminal history.

If convicted of California grand theft, the penalties is depending on what is stolen and the circumstances surrounding the act.
Grand theft carries sentences that include both fines and jail time. Grand theft in California is a “wobbler offense,” meaning that it can be charged as either a misdemeanor or a felony.

If the grand theft is a misdemeanor, the defendant may be sentenced to up to one year in county jail. If convicted of a felony, the defendant may face up to three years in California State prison.

An LPR (lawful Permanent Resident) or Green Card Holder will be subject to removability by the Immigration Court if convicted of Grand Theft.

Why does removability mean? It means the person would be taken to Immigration Jail after he has served in Criminal Jail. But there are some defenses available. Defenses that may help with the removability of the defendant and his/her stay in Immigration detention.

Descamps v. U.S. is a US Supreme Court of 2012. The US Supreme Court in this case decided to take a case related to the issue of divisibility. Meaning The US Supreme Court decided to take a case to determine whether Ninth circuit was right to hold that where a criminal statue misses an element, the court may review the record of conviction to determine if the key element were charged, pled or prosecuted to final conviction.

“The Supreme Court then rejected the above rule adopted by BIA and other courts. The US Supreme Court rejected rulings that allowed judges to look behind an earlier criminal conviction and impose federal collateral consequences based on “facts” from the underlying court records. The records that the defendant in criminal court and later respondent in Immigration court were not convicted of.

When The Supreme Court reverted, the divided Ninth Circuit decision and reasoned majority of overbroad statues can be categorically statues of missing elements. An overbroad or missing element both have mismatch in elements. And the person convicted is not convicted of generic crime.

Whether 484 e(d) can be divisible is an argument that a Criminal Immigration Lawyer may be able to support in a Criminal Immigration, US Immigration Court Removal Proceedings.

Unless accompanied by crimes of conspiracy against US, Treason, Espionage or alike, Grand Theft Conviction would not affect you the same as you were a Green Card Holder. To help your case, you must contact a knowledgeable Immigration Lawyer.

This is an legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).
#bestlawyerusa

Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006

Website: www.bestlawyerusa.com
www.topsuperlawyer.com

Immigration Law Blog in English:
www.kennedylawblog.wordpress.com

Immigration Law Blog in Farsi:
www.kennedylawblog1.wordpress.com

Business Law Blog in English:
www.kennedylawblog2.wordpress.com

Telegram Channel in Farsi:

Office Locations:

Los Angeles (Westwood) Location
-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080

Orange County Locations:

Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618

Newport Beach:
-5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Why Is It Important to Use Disclaimers in Your Contract? What Is the Scope of Protection?

A disclaimer is a Clause or Groups of Clauses which allow the party inserting them to be partially immune from certain lawsuits.

A Clause may intend to waive or minimize third party liabilities.

For example when a consumer, or a construction builder or an owner relies on a third party report of an “Environmental Site Assessments” during the pre-design stages of a construction project; the potential lawsuits of Negligence or Negligent Misrepresentation maybe prevented by correct language in a contract.

The Lawsuits may come from Clients or anyone who relied on the report , for instance the builder who placed a bit on the project without knowing the costs of environmental surprising problems.

The lawsuits may also come from lenders who lent money based on the value of the property where the eventual stages of the projects showed results contrary to the geotechnical reports.

Although a licensed professional maybe liable to the reliance of parties who might not be in contract with them, the professionals may choose to protect themselves by placing the proper language within their contracts with the parties who employ them for their expertise.

The language basically may request the parties to b refrained to reuse the report for any purpose other than intended and/or not to use the report without prior written consent.

Or that the report is prepared for the exclusive use of the party ordering the report.

Another disclaimer clause may cover the timing through which the report is valid. The intervention of new circumstances which may cause an effect contract to the written reports are not within the scope or control of the professional who used the onsite facts to gather the report.

And last but not least the professional licensee might use the explicit language of hold harmless clause to be indemnified from and hold harmless against any and all claims, damages, expenses, losses, attorney fees that arise out of such report.

To be upheld in court of law, the laws of a contract can not be against the applicable federal or local laws and may not cause or advance an illegal purpose.

Therefore if a consumer has given protection against certain unfair practices of a licensee, no bulletproof disclaimer may rescue such practice from paying for damages in a court of law.

This is an legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in state of California (USA). Ramona Kennedy is a member of Orange County Trial Lawyer’s Association. Ramona Kennedy is fluent in English and Farsi (Persian).

#bestlawyerusa
Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006

Website: www.bestlawyerusa.com
www.topsuperlawyer.com

Immigration Law Blog in English:
www.kennedylawblog.wordpress.com

Immigration Law Blog in Farsi:
www.kennedylawblog1.wordpress.com

Business Law Blog in English:
www.kennedylawblog2.wordpress.com

Telegram Channel in Farsi:
Office Locations:

Los Angeles (Westwood) Location

-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080

Orange County Locations:

Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618

Newport Beach:
-5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Best Lawyer USA

Kennedy Law Ramona Kennedy, Esq.

KENNEDY LAW IMMIGRATION ENGLISH BLOG

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate(Doctorate in law) in America. Ramona Kennedy is a licensed Attorney in California (USA) and a member of the American Immigration Lawyers Association (AILA). Ms. Kennedy's areas of practice are US Immigration law, US federal Laws and California State Laws. This is an immigration law blog. It is not intended to be used as legal advise. For further information please contact the law offices of Attorney Ramona Kennedy.