18 Grounds for Deportation: Overview, Immigration Control, Criminal History Grounds 18 Grounds for Deportation: Overview, Immigration Control, Criminal History Grounds
18.1. set-up video: deportability grounds/CIMT
18.2. set-up video: aggravated felonies, other criminal grounds of deportability
18.3. Kesselbrenner & Rosenberg, Immigration Law and Crimes
18.4. Aggravated Felonies: An Overview | American Immigration Council
18.5 INA 237; 101(a)(43); 101(a)(48) 18.5 INA 237; 101(a)(43); 101(a)(48)
18.6 Problems 18.6 Problems
1. Ivan is legally admitted to the United States as an immigrant from Moldova in 2010 as the unmarried son of a US citizen. It is thereafter discovered by immigration and law enforcement authorities that he is involved in running a gambling operation in Pittsburgh, and that (it turns out) before coming to the US he had been in contact with a distant US citizen cousin who is also implicated in the scheme. Assess the immigration implications.
Consider the application of deportability grounds in the following cases:
2. Ayoub, a Moroccan national, was admitted to the United States to attend Temple. After successfully completing his first year, he took a reduced sophomore course load to spend time practicing saxophone. The next year, he dropped out and took a job in Center City, playing gigs at night, believing that he has no immigration law worries because he has been in the United States for less than the four years it usually takes to get a college degree.
3. Elijah was admitted as a permanent resident seven years ago. Last year, he was convicted of embezzlement for conduct occurring three years ago. He was sentenced to six months to two years in prison, with all but six months of the sentence suspended.
4. Farrah was admitted as a permanent resident seventeen years ago. Five years ago, she committed and was convicted of cocaine trafficking and sentenced to five years in prison.
5. Gene was admitted as a permanent resident ten years ago. Four years ago, he was convicted of tax fraud committed earlier the same year. Two years ago, he committed and was convicted of money-laundering.
6. ICE believes it can show that Hanita, admitted as a permanent resident eight years ago, was involved in smuggling a non-citizen into the country last year, though she was never convicted for the alleged conduct. Would it make any difference if a conviction were secured?
7. Hao is admitted as a permanent resident in 2000. In 2017, Hao is convicted of a crime involving moral turpitude. In 2022, Hao returns to Taiwan for two weeks to visit with his dying mother. Assess Hao’s admissibility upon his return to the United States. [Note: For this problem, you must consult section 101(a)(13)(C).]