Criminal Defense of Immigrants



 
 

§ 10.65 (B)

 
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(B)  A Sentence Imposed of More than Six Months Will Disqualify a Noncitizen from Obtaining the “Petty Offense Exception” to Inadmissibility.[276]  This exception excuses inadmissibility based on one conviction of an offense involving moral turpitude.[277]  Many forms of immigration relief depend on a finding of admissibility.  See § 10.69, infra.


[276] See INA § 212(a)(2)(A)(ii), 8 U.S.C. § 1182(a)(2)(A)(ii).

[277] INA § 212(a)(2)(A)(i), 8 U.S.C. § 1182(a)(2)(A)(i).

Updates

 

SENTENCE - CONSECUTIVE SENTENCES
Oregon v. ICE, __ U.S. __, 129 S.Ct. 711 (Jan. 14, 2009) (Apprendi and Blakely, requiring jury to find sentencing factors that increase the maximum possible sentence do not apply to decisions whether to impose consecutive or concurrent sentences; the Sixth Amendment does not inhibit States from assigning to judges, rather than to juries, the finding of facts necessary to the imposition of consecutive, rather than concurrent, sentences).

Other

SENTENCE - SENTENCE IMPOSED - 12 MONTHS EQUALS ONE YEAR
12 months equals one year in immigration court. See Drakes v. Zimski, 240 F.3d 246, 251 (3d Cir. 2001); United States v. Christopher, 239 F.3d 1191, 1193 (11th Cir. 2001).

 

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