Tuesday, 31 May 2016 18:46

United States Supreme Court Makes It Easier .....

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United States Supreme Court Makes It Easier For The Government To Deport Immigrants Who Committed Crimes Under State Law

In a 5-3 decision by the United States Supreme Court, Justice Elena Kagan made clear that immigrants can qualify for removal from the United States, even if the state laws they violated lack an element in corresponding federal laws that trigger deportation, according to the Wall Street Journal.

Justice Hagan stated that “the whole point of the deportation provision [for permanent residents] is to make clear that a listed offense should lead to swift removal, no matter whether it violates federal, state, or foreign law.”

The government, under the immigration laws, enumerates several offenses, which they deem to be offenses against moral turpitude that can cause a permanent resident to be deported unless there are compelling reasons to qualify for a waiver. Despite a negotiated plea or similar disposition at the state level, the government has its own definitions of crimes against moral turpitude and will only look at those definitions when determining if an immigrant should be deported. This can happen no matter if the permanent resident has lived in the country for a year of 32 years, as in the case of George Luna, who was the subject of the recent US Supreme Court decision. However, the United States Supreme Court, in its decision in the case of Luna Torres v. Lynch (Slip Opinion 5/20/2016), made it easier for the government to deport immigrants by refusing to limit the definition of the crimes to that of the federal definitions, but also deferring to the state definitions or even foreign law.

If you are arrested and charged with a crime and you are a permanent resident or have already been sent a notice to appear due a conviction, you should contact my office. I would be happy to review your case and discuss all of your options.

Last modified on Tuesday, 31 May 2016 18:52
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