Criminal Defense of Immigrants
Chapter
§ 17.29 (G)
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(G) Family Unity Exception: Noncitizens eligible for benefits under the Family Unity Program are not deportable under this section if: (1) they were present in the United States prior to May 5, 1988; (2) committed the act prior to that date; (3) aided only one who at that time was the person’s spouse, parent or child; and (4) they are seeking to adjust status through an immediate or second preference relative, or to otherwise apply for benefits under the family unity program.[211]
[211] INA § 237(a)(1)(E)(ii), 8 U.S.C. § 1227(a)(1)(E)(ii).
Updates
Fifth Circuit
DEPORTABILITY " ALIEN SMUGGLING " CONVICTION FOR AIDING IMPROPER ENTRY SUFFICIENT TO ESTABLISH GROUND OF DEPORTATION
Santos-Sanchez v. Holder, 744 F.3d 391 (5th Cir. Mar. 7, 2014) (federal conviction for aiding and abetting improper entry into the U.S., in violation of 8 U.S.C. 1325(a), established deportability under INA 237(a)(1)(E)(i), 8 U.S.C. 1227(a)(1)(E)(i), and conviction documents are sufficient to establish substantial evidence to support the BIA determination of deportability).