United States v. Garcia-Santana, more chipping away at the Almanza-Arenas / Young burden of proof issue.

Thursday, March 13th, 2014

When an alien applies for relief from removal, he has to prove eligibility for the relief according to INA § 240(c)(4)(A). For some forms of relief, principally voluntary departure and Cancellation of Removal for Certain Nonpermanent Residents, one of the requirements for relief is that the applicant not have had any convictions for crimes of moral turpitude. Whether a crime is a crime of moral turpitude is indubitably among the issues most addressed by courts of appeals. A big problem…

Interpreting the impact of convictions on removal getting a whole lot simpler.

Sunday, June 23rd, 2013

It was getting real complicated there for a while. There was a time when it was not that hard to figure out if someone was removable for a crime. Let’s start with the basics. Non-citizens of the United States who commit crimes can be deported for them.  Consider a non-citizen, called an alien under immigration laws, who committed a crime. We’ll call him a Criminal Alien, or CA. CA is convicted of murder. When he is done with his prison…