Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Tuesday, January 26, 2010

Mandatory Removal


     A foreigner will be removed from the United States if s/he was convicted of certain types of crimes, such as an aggravated felony or multiple crimes of moral turpitude.  The important question, then, is whether the foreigner was convicted of a crime that can be labeled an "aggravated felony" or a "crime of moral turpitude."  There are two ways to do this.  One is called the categorical approach.
     Under the categorical approach, the Immigration Judge looks at the law that the foreigner was convicted of breaking -- for example, theft.  The IJ will look at the structure of the law to determine whether it is divisible or indivisible.  If the law can be divided into separate crimes (for example, with separate sections), the modified categorical approach is used.
     If the law cannot be divided, the categorical approach asks whether a person can be convicted under that law for an act that is not a deportable offense.  Returning to the example of theft, the Florida law might allow convictions for temporary takings of property (joyriding).  Temporary takings are not theft.  So, because the law is overbroad, the foreigner cannot be deemed to have been convicted of a deportable offense.

General Frequently Asked Questions

Call today to schedule your immigration consultation

954-385-0157 or email: blandonappts@aol.com