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Don’t tie immigration law reform to El Paso attack

When Donald Trump used the latest gun massacre to urge support for his pet project, clamping down on migration, no one could be surprised. His path to the presidency, like his time in office, is paved with anti-migrant fear-mongering. Already his reelection campaign has embraced the specter of a migrant invasion, and at a campaign rally he entertained fantasies about shooting migrants. Clearly, President Trump is driving the United States toward a new low. But disturbing as it is, in tying immigration law reform to domestic terrorism, he is not carving a new path. A quarter-century ago, the [...]

Posted by César on August 27, 2019 on 4:00 am Leave a Comment
Filed Under: § 212(c), aggravated felony, IIRIRA

20 years ago this week…

On September 30, 1996, crimmigration law became firmly embedded in the modern United States. That day, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) took effect. Adopted by a Republican Congress and signed by President Bill Clinton, IIRIRA stands as an example of bipartisan willingness to ratchet up the severity of violating immigration law. With Friday’s twentieth anniversary on my mind, I thought it worthwhile to revisit IIRIRA’s specific provisions and contextualize it within a larger string of strong-armed legislation that launched the crimmigration era. First [...]

Posted by César on September 27, 2016 on 4:00 am Leave a Comment
Filed Under: aggravated felony, commentaries, detainer, IIRIRA, imprisonment

Supreme Court reinforces unconstitutionality of key sentencing phrase

All eyes this week were appropriately on the Supreme Court’s consideration of President Obama’s immigration executive actions. Just before attorneys in that monumental case took to the lectern Monday morning, the Court released an important decision reinforcing its earlier holding that a key sentencing law phrase is unconstitutional. In Welch v. United States, No. 15-6418, slip op. (April 18, 2016), the Court held that a sentencing enhancement that turns on whether a defendant has previously been convicted of a “violent felony” cannot be applied regardless when the conviction occurred. At [...]

Posted by César on April 21, 2016 on 4:00 am 1 Comment
Filed Under: ACCA, aggravated felony, crime of violence, U.S. Supreme Court

Following Trend, Fifth Circuit Holds Definition of Crime of Violence Unconstitutionally Vague

By Sarah Flinn Agreeing with both the Seventh and Ninth Circuits, the U.S. Court of Appeals for the Fifth Circuit concluded that the definition of crime of violence in 18 U.S.C. § 16(b) is unconstitutionally vague. United States v. Gonzalez-Longoria, No. 15-40041, 2016 WL 537612, at *1 (5th Cir. February 10, 2016). Mr. Gonzalez-Longoria was convicted and sentenced for being illegally present in the United States in violation of Immigration and Nationality Act (INA) § 276. Id. During sentencing, the trial court determined that Mr. Gonzalez-Longoria’s prior Texas felony conviction was an [...]

Posted by César on April 5, 2016 on 4:00 am 1 Comment
Filed Under: 5th Amendment, 5th Circuit Court of Appeals, ACCA, aggravated felony, crime of violence, Due Process Clause, guest blogger

BIA: Stolen mailbox keys leads to aggravated felony conviction

Stealing mailbox keys proved the gateway to an aggravated felony conviction after Bandele Adeniye failed to show up for his court date, the Board of Immigration Appeals recently held. Matter of Adeniye, 26 I&N Dec. 726 (BIA March 17, 2016). Back in 1995 Mr. Adeniye, an LPR until that status was rescinded, was convicted of stealing mailbox keys, a federal felony in violation of 18 U.S.C. § 1704. Though it was news to me, stealing mailbox keys is apparently punishable by up to ten years imprisonment. Id. Before stepping into prison, Adeniye absconded. In 2014 he was caught and convicted [...]

Posted by César on March 24, 2016 on 4:00 am Leave a Comment
Filed Under: aggravated felony, Board of Immigration Appeals, term of imprisonment

BIA: Crime of violence requires violent physical force

The Board of Immigration Appeals recently held that an aggravated battery offense could not be considered a crime of violence type of aggravated felony because the state statute did not require use of violent physical force. Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016). This case involved a lawful permanent resident convicted of aggravated battery in violation of Puerto Rico Penal Code art. 122. The immigration judge concluded that this conviction satisfied the definition of crime of violence found at 18 U.S.C. § 16(a), namely, that the offense “has as an element the use, [...]

Posted by César on March 15, 2016 on 4:00 am Leave a Comment
Filed Under: aggravated felony, Board of Immigration Appeals, categorical approach, crime of violence

Definition of Crime of Violence for Illegal Reentry Sentencing is Unconstitutionally Vague

By Sarah Flinn Relying on the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015), the U.S. Court of Appeals for the Seventh Circuit recently held that the federal definition of “crime of violence” as defined in 18 U.S.C. § 16(b) is unconstitutionally vague. United States v. Vivas-Ceja, 808 F.3d 719, 720 (7th Cir. 2015). Raul Vivas-Ceja, a citizen of Mexico, has been removed from the United States on three occasions and also has numerous convictions of varying severity. Id. at 720-21. Subsequent to Mr. Vivas-Ceja’s arrest at an airport in Madison, Wisconsin on [...]

Posted by César on February 4, 2016 on 4:00 am Leave a Comment
Filed Under: 7th Circuit Court of Appeals, ACCA, aggravated felony, crime of violence, guest blogger

Fear-mongering and immigration policymaking

By Emily Torstveit Ngara In announcing his run for President of the United States, Donald Trump brought anti-immigrant rhetoric back into the national spotlight by proclaiming that “[w]hen Mexico sends its people, they’re not sending their best...They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.” Trump’s vitriol is nothing new. Throughout the history of U.S. immigration, the same themes recur in cycles. One prominent theme is “immigrants are immoral, dangerous criminals.” This rhetoric does more than promote a hostile environment [...]

Posted by César on January 19, 2016 on 4:00 am Leave a Comment
Filed Under: aggravated felony, commentaries, crime involving moral turpitude, guest blogger, IIRIRA, Scholars Sidebar

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The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.