Criminal Defense of Immigrants



 
 

§ 10.65 (D)

 
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(D)  Mandatory Detention Triggered by One Conviction of a Crime Involving Moral Turpitude with One-Year Sentence Imposed.  The Immigration and Nationality Act requires the Attorney General to detain any noncitizen who is deportable on the basis of a crime of moral turpitude conviction for which a sentence of one year or more has been imposed.[279]  Reduction of the sentence imposed to a sentence of less than one year will enable the noncitizen to avoid this ground of mandatory detention.  See § 10.68, infra.


[279] INA § 236(c)(1)(C), 8 U.S.C. § 1226(c)(1)(C) (who is “deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence [sic] to a term of imprisonment of at least 1 year . . . .”).

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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