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U.S. Immigration Deportation: 237(a)(2)(A)(i) of the Immigration and Nationality Act - Crimes Involving Moral Turpitude

February 4th, 2011 · No Comments

U.S. Immigration Deportation: 237(a)(2)(A)(i) of the Immigration and Nationality Act - Crimes Involving Moral Turpitude

Matter of ALYAZJI, 25 I&N Dec. 397 (BIA 2011), the Board of Immigration Appeals (Executive Office of Immigration Review) determined that, In Matter of ALYAZJI, 25 I&N Dec. 397 (BIA 2011)  in general, an alien’s conviction for a crime involving moral turpitude triggers removability under section 237(a)(2)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(i) (2006), only if the alien committed the crime within 5 years after the date of the admission by virtue of which he or she was then present in the United States. Matter of Shanu, 23 I&N Dec. 754 (BIA 2005), overruled in part.

 

So, what does this mean?  If a non-citizen in the U.S. committed a crime that could be construed as a crime involving moral turpitude, but that the single crime is NOT an aggravated felony, and that it has been at least 5 years since he/she entered the U.S., the person cannot be deported under  section 237(a)(2)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(i) (2006).  Previously, the BIA interpreted the statute that that 5 years restart when an alien adjust his or her status and become a U.S. permanent resident. 

For more information regarding immigration removal defense and immigration deportation, please contact our U.S. immigration attorneys and our Houston deportation lawyers at 713-492-0337.

Tags: General Blog From Veritas Legal Group · U.S. Immigration Law

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