Moral turpitude, it’s time to put a stake in its heart

Sunday, August 28th, 2016

This week brought two moral turpitude decisions from two courts of appeals, Ortega-Lopez v. Lynch in the Ninth Circuit  and Arias v.  Lynch in the 7th Circuit. Moral turpitude is important in immigration law. Getting convicted of two crimes involving moral turpitude can lead to deportation. INA § 237(a)(2)(A)(ii). Committing one and being punished with a jail sentence of more than 180 days (even if you don’t actually serve it!) leads to inadmissibility. Admitting to committing one without even being…

Matter of Almanza-Arenas, RIP

Tuesday, November 11th, 2014

It has finally happened. The Ninth Circuit ruled in the case of Almanza-Arenas v. Holder. The case at the Ninth Circuit was on review from the Board of Immigration Appeals. It stood for the proposition that when a record of conviction is ambiguous as to whether a crime makes one ineligible for relief, then the person seeking relief fails to meet the burden of eligibility, which is on the applicant, and therefore cannot be granted the relief. The issue arises…

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…

Permanent bars to immigration of children

Sunday, February 5th, 2012

According to INA § 212(a)(6)(C)(ii)(I), “[a]ny alien” who makes a false claim to United States citizenship “for any purpose or benefit under this [Immigration and Nationality] Act or any Federal or State law is inadmissible.  There is no waiver to this ground of inadmissibility, thus making it a permanent bar to admission to the United States. According to INA § 212(a)(9)(C)(i)(I), “[a]ny alien”  person who has accrued more than a year of unlawful presence, departs, and then comes back, or…