BIA Holds that State Sentencing Guidelines Cap Lowers Minimum Sentence for Petty Crime Exception

14 May No Comments stu@crimapp.com Aggravated Felony, Crime Involving Moral Turpitude, Uncategorized, US Criminality , ,

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 …

Ninth Circuit Finds BIA’s Interpretation of “Obstruction of Justice” Raises Grave Constitutional Doubts

16 Apr No Comments stu@crimapp.com Aggravated Felony, Crime Involving Moral Turpitude, US Criminality , , ,

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 …