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BIA: Gov bears burden of showing that returning LPR seeks admission; accessory after fact is CIMT if underlying crime is

The BIA recently held that the government bears the burden of showing that a returning LPR is seeking admission and that an accessory after the fact conviction involves moral turpitude only if the underlying crime does. Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) (Pauley, Greer, and Wendtland, Board Members). Board Member Pauley wrote the panel’s decision. This case involved an LPR who was returning from a trip abroad. Matter of Rivens, 25 I&N Dec. at 624. Rivens had previously pleaded guilty to New York’s offering a false instrument for filing offense, NY Penal § 175.30, and [...]

Posted by César on November 17, 2011 on 9:00 am 17 Comments
Filed Under: Board of Immigration Appeals, burden, crime involving moral turpitude

10 Cir: Gov doesn’t have to prove conviction satisfied 6th Amend

The U.S. Court of Appeals for the Tenth Circuit recently held that the government’s burden of proving that a noncitizen is removable does not include a requirement that it show that the underlying criminal conviction satisfied the Sixth Amendment right to counsel. Waugh v. Holder, No. 10-9551, slip op. (10th Cir. June 22, 2011) (Holmes, McKay, and Porfilio, J.). Judge McKay wrote the panel’s decision. This case involved an LPR convicted of unlawful sexual conduct with a minor in Utah. Waugh “argued that the government had to prove, as part of its burden to establish grounds for removal by [...]

Posted by César on August 30, 2011 on 9:00 am 3 Comments
Filed Under: 10th Circuit Court of Appeals, burden, conviction

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