Criminal Defense of Immigrants



 
 

§ 20.37 (A)

 
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(A)  General Rule: Committed Within Five Years of Last Admission.  In order to trigger deportation, the conviction must be for an offense that was committed[239] within five years after the noncitizen’s latest admission into the United States.  For a discussion of what constitutes and admission, see § § 17.5-17.8, supra.


[239] This statute means what it says: the date the offense was committed governs, rather than the date on which the conviction occurred.  Matter of Yanez-Jaquez, 13 I. & N. Dec. 449, 451 (BIA 1970); see Yanez-Garcia v. Ashcroft, 388 F.3d 280 (7th Cir. Nov. 2, 2004) (dismissing for lack of jurisdiction a petition for review seeking to reverse Board of Immigration Appeals’ decision that single possession offense can qualify as aggravated felony drug trafficking crime).

Updates

 

BIA

ADMISSION - CRIMES OF MORAL TURPITUDE
Matter of Carrillo-Arrillo, 25 I. & N. Dec. 99 (BIA Oct. 21 2009) (pursuant to the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, 1, the date at which a Cuban noncitizen was paroled in the United States counts as the date of "admission" as a lawful permanent resident; noncitizen who was paroled into the United States in 1999, but did not adjust status until 2001, was not deportable as a noncitizen who had committed a CMT within 5 years of admission based on offenses committed in 2004).
CRIME OF MORAL TURPITUDE " INADMISSIBILITY " FIVE-YEAR CLOCK
Practice Advisory on Matter of Alyazji, 23 I. & N. Dec. 754 (BIA 2005) (Adjustment of Status Following an Admission Does Not Re-Start the Five- Year Clock for Purposes of the Moral Turpitude Deportation Ground), overruling in part Matter of Shanu, 23 I&N Dec. 754 (BIA 2005) Kathy Brady, Immigrant Legal Resource Center, Feb. 28, 2011. http://lawprofessors.typepad.com/immigration/2011/02/practice-advisory-on-.html

 

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