Criminal Defense of Immigrants

(A)  In General.  An immigrant is disqualified from showing that s/he has been a person of Good Moral Character[311] during a certain period of time if s/he “during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period.”[312]  The Good Moral Character requirement, applicable for many forms of immigration relief, is described at § 15.6, infra.

[311] “Good Moral Character” is required to be shown in order to obtain a number of different forms of immigration relief, such as naturalization, cancellation of removal for non-permanent residents, NACARA cancellation, voluntary departure at the conclusion of removal proceedings, and registry.  See § 15.6, infra.

[312] INA § 101(f)(7), 8 U.S.C. § 1101(f)(7).