Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 8.14 4. Mandatory Detention Is Triggered if a Noncitizen Is Deportable for 1 Conviction of a Crime of Moral Turpitude for Which a Sentence of 1 Year or More Has Been Imposed

 
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The INA requires the attorney general to detain any noncitizen who is deportable on the basis of an offense for which a sentence of one year or more has been imposed.[37]  Reduction of the sentence imposed to a sentence of less than one year will enable the noncitizen to avoid this ground of mandatory detention.


[37] 8 U.S.C. § 1226(c)(1)(C)(who is “deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence [sic] to a term of imprisonment of at least 1 year . . . .”).

 

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