Criminal Defense of Immigrants

(C)  International Child Abduction.  Any noncitizen “who, after entry of an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is inadmissible until the child is surrendered to the person granted custody by that order.”[217]

                The Act also makes inadmissible any noncitizen who has given any assistance to someone described above by assisting in the trafficking conduct or providing any material support.  The Act also makes inadmissible, anyone who “is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person’s place of residence.”[218]

These grounds do not apply to: (I) to a government official of the United States who is acting within the scope of his or her official duties; (II) to a government official of any foreign government if the official has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion; or (III) so long as the child is located in a foreign state that is a party to the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980.[219]

The conduct covered under this ground of inadmissibility may be considered a crime of moral turpitude,[220] an aggravated felony[221]  and trigger other grounds of deportability.[222]

[217] INA § 212(a)(10)(C)(i), 8 U.S.C. §   1182(a)(10)(C)(i).

[218] INA § 212(a)(10)(C)(ii), 8 U.S.C. §   1182(a)(10)(C)(ii).

[219] INA § 212(a)(10)(C)(iii), 8 U.S.C. § 1182(a)(10)(C)(iii).

[220] See Chapter 20, infra.

[221] See INA § 101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(A) (sexual abuse of a minor).  See § § 19.87-19.92, infra.  INA § 101(a)(43)(H), 8 U.S.C. § 1101(a)(43)(H) (extortion).  See § 19.64, infra.

[222] INA § 237(a)(2)(D)(iv), 8 U.S.C. § 1227(a)(2)(D)(iv).  See § § 17.22, supra.  INA § 237(a)(2)(E), 8 U.S.C. § 1227(a)(2)(E).  See § § 22.9.