In a 5 to 3 opinion, the US Supreme Court found that state criminal offenses are analagous to their federal counterpart even though they do not have an interstate commerce connection. Interstate commerce is a jurisdictional hook that Congress inserts into many statutes in order for there to be a
Rejecting the Government’s argument to the contrary, the Board of Immigration Appelas held In the Matter of Juan-Emigdio-Giron has held that the sentencing guideline maximum sentence trumps the statutory maximum sentence for purposes of the petty offense exception. That petty offense exception holds that an individual is not inadmissible or removable
This is a shout out to my good friend Larry Margolis at Law in Ann Arbor for his on his great handout on Michigan Criminal Immigration consequences. The handout breaks down most popular Michigan criminal offenses and indicates whether they are crimes involving moral turpitude (“CIMTs”) and/or aggravated felonies.
Ninth Circuit Finds BIA’s Interpretation of “Obstruction of Justice” Raises Grave Constitutional Doubts
The United States Court of Appeals for the Ninth Circuit found that the BIA’s revised interpretation of “obstruction of justice” announced in Matter of Valenzuela Gallardo, which required only “the affirmative and intentional attempt, with specific intent, to interfere with the process of justice,” departed from the BIA’s prior construction of