Criminal Defense of Immigrants



 
 

§ 10.65 (C)

 
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(C)  Multiple Conviction Ground of Inadmissibility Requires Aggregate Sentences of Five Years or More.  A noncitizen is inadmissible if s/he has been convicted of two or more offenses, other than purely political offenses, for which the aggregate sentences to confinement were five years or more.[278]  See § § 10.71, infra.

 


[278] INA § 212(a)(2)(B), 8 U.S.C. § 1182(a)(2)(B).  It is not necessary that these offenses be crimes of moral turpitude, and does not matter whether the convictions resulted from one or more proceedings or schemes of criminal misconduct.  Ibid.

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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