What if she was a foreigner?

Wednesday, June 9th, 2010
By: Jonathan MontagJ.D.

Paula Poundstone

Paula Poundstone, a comedienne (if you consider “Wait, Wait, Don’t Tell Me” funny, which I actually do) pled guilty in September 2001 of a felony charge of child endangerment and a misdemeanor charge of inflicting injury on a child. She had originally been arrested for committing lewd acts on a child. Ms. Poundstone maintained her innocence regarding the lewd act charges. The child endangerment and injury on a child charges were supposedly based on driving under the influence of alcohol with children in the car. Child endangerment and inflicting injury on a child are deportable offenses under INA § 237(a)(2)(E)  as a “crime against children” either as “child abuse” or “child neglect.”

Paula would be eligible for forgiveness through Cancellation of Removal for Certain Permanent Residents, INA § 240A(a)  as long as she had seven years of residence after a lawful admission when she committed the crime and five years as a permanent resident. She would have to prove that the positive equities outweighed the negative ones in her case. http://www.justice.gov/eoir/vll/intdec/vol24/3638.pdf Her burden would include disclosing the details of her crimes and other misconduct, very few of which are now available.  Posted June 9, 2010



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