(F)  Independent Deportation Ground.  Conviction under 18 U.S.C. § 1546 is also a ground of deportation regardless of the sentence imposed, under a deportation ground independent of the aggravated felony deportation ground, if the offense relates to “fraud and misuse of visas, permits and other entry documents.”[482]  This has been held not to include offenses involving a green card, as it is not primarily a visa or entry document.[483]  See § 7.187, infra.

 

            It is important to examine the checklist of general aggravated felony safe havens to determine whether each offense or conviction being examined falls within one or more of the safe havens listed there.  See § 7.29, supra.

[482] INA § 237(a)(3)(B)(iii), 8 U.S.C. § 1227(a)(3)(B)(iii), discussed at K. BRADY, California Criminal Law And Immigration § 6.8 (2004).

[483] The BIA in an unpublished case followed a Supreme Court case making this distinction.  See Matter of VG, A92 593 325 (March 22, 1999), citing United States v. Campos-Serrano, 404 U.S. 293, 271 (1971).  For a copy of the unpublished BIA decision, contact the National Lawyers Guild National Immigration Project at http://www.nationalimmigrationproject.org or 617-227-9727.  See discussion at K. BRADY, California Criminal Law And Immigration § 6.8 (2004).

Eighth Circuit

AGGRAVATED FELONY - POSSESSION OF UNSIGNED COUNTERFEIT SOCIAL SECURITY CARD
United States v. Pool-Chan, ___ F.3d ___ (8th Cir. Jul. 18, 2006) (federal conviction of possession of counterfeit social security card violates 18 U.S.C. 1546(a), even if the card is not signed). http://caselaw.lp.findlaw.com/data2/circs/8th/054015p.pdf

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State v. Reynua, State of Minnesota, Mower County District Court (Jul. 23, 2012) (File No. 50-CR-09-1811) (unpublished) (admission of an I-9 form in a state forgery prosecution was reversible error); on remand after State v. Reynua, 807 N.W.2d 473 (Minn.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).