Criminal Defense of Immigrants
Chapter
§ 18.27 8. Other Crime-Related Grounds
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Additional crime-related grounds of inadmissibility, such as practicing polygamy, tax evasion, and unlawful voting, can be found in Appendix E, infra. See also § 18.10, supra, for a discussion of relevant non-crime related grounds of inadmissibility, such as unlawful presence and re-entering the United States after removal.
Updates
Seventh Circuit
INADMISSIBILITY " IMMIGRATION OFFENSES " UNLAWFUL VOTING
Kimani v. Holder, 695 F.3d 666 (7th Cir. Aug. 22, 2012) (noncitizen who admits that he registered, claimed US citizenship, and voted in a presidential election is ineligible for adjustment of status).
INADMISSIBILITY " IMMIGRATION OFFENSES " UNLAWFUL VOTING
Keathley v. Holder, 696 F.3d 644 (7th Cir. Aug. 22, 2012) (noncitizen not inadmissible for unlawful voting where the state voting official knew that she was not a citizen of the United States, but encouraged and allowed her to vote anyway).
Other
INADMISSIBILITY - ILLEGAL VOTING
The unlawful voting ground of inadmissibility was added by IIRAIRA, and the government claims it has retroactive effect, at least for purposes of INA 212(a)(10)(D). See 9 FAM 40.104. The retroactive effect may also be claimed to apply to the unlawful voting ground of deportation under INA 237(a)(6). Concerning the required knowledge and intent, see McDonald v. Gonzales, 400 F.3d 684 (9th Cir. Feb. 7, 2005). See also Yates (5/7/02) memo concerning unlawful voting and naturalization. No. 05030768. Thanks to D. Jackson Chaney.