Under what conditions can an alien who committed a crime involving moral turpitude be deported?

Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

What is Section 212 of the Act?

According to section 212(a)(9)(B)(ii) of the INA, you accrue unlawful presence if: You are present in the United States without being admitted or paroled; or. You have remained in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security (the Secretary).

Which criminal ground would render an alien inadmissible?

You become inadmissible to the U.S. if you have been convicted of, admit to having committed, or admit having committed acts that add up to the essential elements of one of the following: A crime involving moral turpitude (other than a purely political offense) or attempting or conspiring to commit such a crime.

Can a naturalized US citizen be deported for a felony?

While immigration law may be cut-and-dry in some instances, the straightforward answer to this question is – no. US citizens by birth or naturalization cannot be deported. If they commit a criminal offense, all due process takes place within the country’s legal framework.

Which of the following crimes would generally not be considered a crime involving moral turpitude?

Courts have determined the following crimes, when aggravating factors are not present, should generally not be classified as crimes involving moral turpitude: Driving under the influence, for first-time offenders. Domestic violence against a person other than your spouse. Possession of marijuana.

What is a Hranka waiver?

A Hranka waiver is a discretionary waiver, meaning that it is up to the immigration authority’s discretion whether or not to grant the waiver. Using a Hranka waiver, the immigration official can decide to let the person enter the U.S. based on a number of factors that they must consider.

What makes an alien inadmissible?

The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.

What is the felony murder rule?

Almost every state in the United States has a felony murder rule, and federal law recognizes the felony murder rule, as well. In most states, felony murder is categorized as a first-degree murder and can result in sentencing from several years to a life imprisonment.

Can the felony murder rule be applied under the merger doctrine?

However, under the merger doctrine, if the elements of the underlying felony are a part of the elements of murder, the felony murder rule cannot be applied.

Do you have to be prosecuted for murder of a relative?

Subject to sufficiency of evidence, a prosecution is almost certainly required, even in cases such as ‘mercy killing’ of a sick relative. A count of murder should refer to the date of death, not the date of the act that caused the death.

What happens if a non US citizen pleads guilty to a crime?

One of the more common, and tragic, scenarios in criminal immigration law is when a non-citizen pleads guilty to a minor offense — often a drug crime — because s / he does not understand that even a minor conviction can in some cases lead to deportation or inadmissibility.