| Author | Topic:
Please help, question about maximum sentence for immigration | aerial
Member | 
posted
March 05, 2009 11:22 AM 
 
According to removal grounds:
"Any alien who is convicted of a crime of moral turpitude (CMT) for which a sentence of one year or longer may be imposed" is deportable.
I do not understand the legal terms described below and I am confused regarding my 602.5(b) aggravated trespass conviction. I understand that this is not CMT, but want to know what the removal grounds mean.
What if the conviction carries a sentence of not more than one year?
What if the conviction carries a sentence of one year or less?
What if the conviction carries a maximum sentence of one year?
Are these 3 descriptions the same?
If a CMT has a maximum sentence of one year, does the removal grounds apply to it? (compare to the removal grounds that says "where a sentence of 1 year OR MORE may be imposed".
Posts:
14 | Registered: October 13, 2008 |
| moral_help
Member |
posted
March 06, 2009 09:44 AM 
When they talk about one year then it means 365 days so any CIMT related conviction for which maximum possible sentance is more than 365 is considered as deportable. Also if there are 2 CIMT then irrespective of the above one year rule, the candiadte will be deportable.
What if the conviction carries a sentence of not more than one year?
-----(365 or less. I assume you are talking about maximum sentance of charge and not given one)
What if the conviction carries a sentence of one year or less?
------(365 or less. I assume you are talking about maximum sentance of charge and not given one)
What if the conviction carries a maximum sentence of one year?
-------(Maximum can be 365)
They all are same if you are talking about the maximum possible sentance.
Posts:
758 | Registered: May 28, 2006 |
| Ina_Conundrum
Member |
posted
March 07, 2009 02:41 PM
So, to be removable you should have plead guilty to a crimew involving CIMT with a maximum sentence of MORE than 1 year, i.e. 366 days or more.
From the language in the regulation, it appears that the defendant would be removable if the maximum sentence was 1 year or more, i.e. 365 days or more.
Clarifications much appreciated.
Posts:
279 | Registered: March 06, 2009 |
| Ina_Conundrum
Member |
posted
March 07, 2009 02:44 PM
Also, am I correct in assuming if the underlying offense is not one involving moral turpitude, then this rule would not apply in any case.
Posts:
279 | Registered: March 06, 2009 |
| aerial
Member |
posted
March 10, 2009 04:32 PM
Thank you for your comments. I meant the maximum sentence in the 3 sentences I wrote in the first post.
So in order to be clear, does a CIMT with a maximum sentence of 365 days qualify as grounds of deportation?
(Lets assume that the sentence imposed is 10 days).
Posts:
14 | Registered: October 13, 2008 |
| aerial
Member |
posted
March 10, 2009 04:34 PM
[QUOTE]Originally posted by moral_help:
When they talk about one year then it means 365 days so any CIMT related conviction for which maximum possible sentance is more than 365 is considered as deportable. [/QUOTE]
Here you wrote if max sentence is more than 365 days. Did you mean --if the max sentence is 365 days or more than 365 days--?
Posts:
14 | Registered: October 13, 2008 |
| JoeF
Member |
posted
March 10, 2009 09:02 PM
[QUOTE]Originally posted by aerial:
Thank you for your comments. I meant the maximum sentence in the 3 sentences I wrote in the first post.
So in order to be clear, does a CIMT with a maximum sentence of 365 days qualify as grounds of deportation?
(Lets assume that the sentence imposed is 10 days).[/QUOTE]
It is one year, NOT 365 days (a year may have 366 days.)
INA 212 says:
"(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime),
...
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
...
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed)."
In other words, if it is a CIMT with a maximum penalty of over one year, and the actual conviction was for over 6 months, the person is deportable.
There is lots more in INA 212.
Posts:
28444 | Registered: January 07, 2004 |
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