Criminal Defense of Immigrants


§ 18.15 3. Multiple Convictions with Aggregate Sentences Imposed of 5 Years

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Conviction of two or more offenses (other than purely political offenses),[162] for which the aggregate sentences to confinement were five years or more triggers inadmissibility regardless of whether (1) any conviction was in a single trial, (2) the offenses arose from a single scheme of criminal misconduct, or (3) the offenses involved moral turpitude.[163] 


This ground therefore applies to any criminal conviction(s), regardless of whether they independently trigger any grounds of inadmissibility or deportability.[164]  The term “sentence” is defined by statute[165] and includes any sentences to confinement that is imposed and then suspended.[166] 


[162] The political offense exception here is the same as in the moral turpitude ground of inadmissibility. See § 20.31, infra.

[163] INA § 212(a)(2)(B), 8 U.S.C. § 1182(a)(2)(B).

[164] See, e.g., Rodriques v. INS, 994 F.3d 32 (1st Cir. 1993) (non-CMT firearms offenses).

[165] INA § 101(a)(48)(B), and 8 U.S.C. § 1101(a)(48)(B).  See § 10.63, infra.

[166] Matter of Esposito, 21 I. & N.  Dec. 1 (BIA 1995).