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 . . . .”).

 

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