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Aggravated Felonies





 


 

§ B.55 3. False Immigration Documents and Other Offenses

 





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Lower Courts of Second Circuit


                    
                    
                    
 
                      FALSELY MAKING DOCUMENT - DOCUMENT FRAUD

                      Pena-Rosario v. Reno, 83 
                    F.Supp.2d 349, 366 n.12 (E.D.N.Y. Feb. 8, 2000) (federal conviction 
                    for falsely making "document prescribed by statute or 
                    regulation as evidence of authorized stay or employment in 
                    the United States," in violation of 18 U.S.C. § 1546(a), 
                    constituted an "aggravated felony" within meaning 
                    of INA § 101(a)(43)(P), 8 U.S.C.  1101(a)(43)(P), for purposes 
                    of deportation).
                    


                  
Other


                    
                    
                    
 
                      IMMIGRATION OFFENSES " FEDERAL LAW PREEMPTS STATE IDENTITY FRAUD PROSECUTIONS RELATED TO FEDERAL I-9 FORMS

                      State v. Reynua, State of Minnesota, Mower County District Court (Jul. 23, 2012) (File No. 50-CR-09-1811) (unpublished) (admission of an I-9 form in a state forgery prosecution was reversible error); on remand after State v. Reynua, 807 N.W.2d 473 (Minn. App. 2011), review granted, revd in part and remanded (Minn. Feb. 28, 2012) (8 U.S.C.  1324a(b)(5) means what it says -- that other than specified federal prosecutions, the I-9 form and appended documents may not be used to establish a state crime).


                    


                    









 

	

	 

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