21 “crimes involving moral turpitude” which rendered her inadmissible to the United States (though the same convictions would not have made her deportable from within the U.S.). See 8 U.S.C. § 1182(a)(2)(A)(i) (providing that conviction of a crime involving moral turpitude renders noncitizen inadmissible, unless it falls within “petty offense” exception); compare 8 U.S.C. § 1227(a)(2)(A)(i) (providing that a single crime involving moral turpitude must be committed within five years of lawful admission in order to render a noncitizen deportable from within the U.S.); 1227(a)(2)(A)(ii) (providing that multiple crimes involving moral turpitude do not render a noncitizen deportable if they arise from a single scheme of criminal conduct). However, because she returned to the United States in the lawful resident status that had been wrongfully stripped from her on the basis of an invalid conviction, she was assimilated to the status of a lawful resident who had never departed the U.S, and was not prevented from re-entering the Unites States even though as an applicant for admission she would have been deemed inadmissible.

55. The U.S. Supreme Court has noted that "virtually every drug offense except for only the most insignificant marijuana offenses, is a deportable offense under 8 U.S.C. § 1227(a)(2)(B)(i)." Padilla, 130 S. Ct. at 1478 n.1.

Thus, Patel’s detention furthers Congress’s purpose in passing 8 U.S.C. § 1226(c): ensuring that Patel is present at the conclusion of removal proceedings. Patel’s petition should be dismissed because, as an alien removable under 8 U.S.C. §§ 1227(a)(2)(A)(ii) and (iii), his detention under 8 U.S.C. § 1226(c) without a bond hearing does not offend the Constitution. CONCLUSION Considering the ambiguity of the statute, the clearly expressed intent of Congress regarding the detention of criminal aliens pending decision on removal, the deference due to the BIA’s interpretation under Chevron, and the constitutionality of mandatory immigration detention, the petition of habeas corpus relief should be denied.

The statutes governing the issue in this case, however, do not contain the same language as that relied on in Federiso. Compare Federiso, 605 F.3d at 696; 8 U.S.C. § 1227(a)(i)(H)(i); with 8 U.S.C. §§ 1154, 1155. Congress has clearly sought to exclude beneficiaries of applications who have never resided in the United States when considering family-based immigrant petitions in a manner it has not when considering waivers of removal.

Her defense attorney realized that these charges were likely to be deemed "crimes involving moral turpitude" ("CIMTs") triggering deportability. See 8 U.S.C. § 1227(a)(2)(A)(i); Michel v. INS, 206 F.3d 253, 270 (2d Cir. 2000) (deferring to BIA determination that N.Y. Penal Law § 165.40 is a crime involving moral turpitude); In re Nunez, No.

But Section 1373 does ensure that the Federal Government can carry out its statutory responsibilities to “interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States” and to remove the alien “upon the order of the Attorney General” after completion of criminal sentences. 8 U.S.C. §§ 1227(a), 1228, 1357(a)(1). The City relies on Printz v. United States, 521 U.S. 898 (1997), in arguing that Section 1373 violates the Tenth Amendment.

Neither the trial judge’s warning that, “if the plea ha[d] a negative effect on his immigration status,” Mr. Harrison would not be able to withdraw it, nor the written caution that the plea “may result in [ ] deportation,” was a sufficient substitute for 8 The “class of deportable aliens” includes: Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law is deportable. 8 U.S.C § 1227 (a)(2)(C). “Firearm” includes “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.”

Similarly, in 2008, as part of legislation authorizing DHS to grant “an administrative stay of a final order of removal” to any individual who could make a prima facie showing of eligibility for a T or U visa, Congress stated that “[t]he denial of a request for an administrative stay of removal . . . shall not preclude the alien from applying for . . . deferred action.” William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. No. 110-457, § 204, 122 Stat. 5044, 5060 (codified at 8 U.S.C. § 1227(d)(1), (d)(2)).12 Congress also has specified classes of aliens who should be made eligible for deferred action, such as certain family members of LPRs who were killed on September 11, 2001, see USA PATRIOT Act of 2001, Pub. L. No. 107-56, § 423(b), 115 Stat. 272, 361, and certain family members of certain U.S. citizens killed in combat, see Nat’l Defense Authorization Act for Fiscal Year 2004, Pub. L. No. 12 In the REAL ID Act of 2005, Pub. L. No. 109-13, Div. B, § 202(c)(2)(B)(viii),119 Stat. 231, 302 (49 U.S.C. § 30301 note), Congress specified that proof of “approved deferred action status” constituted evidence of lawful status for the sole purpose of authorizing (but not requiring) states to issue driver’s licenses to individual recipients.

" Id., at 681ines 6-7. Defendant recalls that when she met with him, she expressed great concern with getting back home to her family and that Mr. Talaber advised her to plead 1 Also codified under 8 U.S.C.A. § 1227 (a)(2)(A)(iii). Under this section, "Any alien who is convicted of an aggravated felony at any time after admission is deportable.

Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921 (a) of title 18) in violation of any law is deportable. INA § 241 (a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i), provides: Immigration Cases Disc 2 5 Case 4:11-cv-03978-WMA-RRA Document 8 Filed 01/23/12 Page 49 of 51 Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable. 3 The stay was still in effect on June 29, 2005, when the challenge to the validity of the removal order was transferred to the United States Court of Appeals for the Third Circuit pursuant to the RealiD Act of 2005, PUb.