Section 1227 - Deportable aliens

40 Analyses of this statute by attorneys

  1. SCOTUS: State drug crime must relate to a drug on the federal controlled substances schedule to be basis for deportation

    Wisconsin State Public DefenderJune 1, 2015

    Thus, the Eighth Circuit was wrong to hold that any drug offense triggers the removal statute, without regard to the appearance of the drug on a ยง 802 schedule.Under 8 U.S.C. ยง 1227(a)(2)(B)(i), a noncitizen may be removed if he has been convicted of violating โ€œany 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)โ€ฆ.โ€ Mellouli was deported under this statute after he was convicted under the Kansas drug paraphernalia statute based on charging documents that did not identify the drug involved in the offense.

  2. HERNANDEZ v. HOLDER, NO. 14-1148

    University of South Carolina School of LawKatherine H. FlynnApril 14, 2015

    Hernandez appealed to the BIA. The BIA dismissed her appeal, finding that Hernandez had conceded that petit-larceny was a crime of moral turpitude under 8 U.S.C. ยง 1227(a)(2), and finding that that the petit-offense exception to 8 U.S.C. ยง 1182(a)(2) did not apply to offenses described in 8 U.S.C. ยง 1227(a)(2), and that the offenses described in 8 U.S.C. ยงยง 1227(a)(2) and 1227(a)(3) applied to both legal and illegal aliens, including Hernandez. Hernandez appealed to the Fourth Circuit.

  3. Moones Mellouli v. Eric Holder, Jr., Attorney General, USSC No. 13-1034, cert. granted 6/30/14

    Wisconsin State Public DefenderJuly 1, 2014

    Question presented:To trigger deportability under 8 U.S.C. ยง 1227(a)(2)(B)(i), must the government prove the connection between a drug paraphernalia conviction and a substance listed in section 802 of the Controlled Substances Act?Lower court opinion: Mellouli v. Holder, 719 F.3d 995 (8th Cir. 2013).DocketScotusblog pageThis case will be of interest primarily to lawyers handling immigration cases, especially because it will resolve a circuit split concerning an issue on which the Seventh Circuit has (impliedly) taken a side.

  4. Moones Mellouli & the Unholy Relic: Why A Generic Paraphernalia Conviction Under a State Law Should Not Be A Deportable Offense

    University of Denver Sturm College of LawJanuary 13, 2015

    The INA renders removable โ€œ[a]ny alien who at any time after admission is convicted of a violation of (or a conspiracy 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)โ€ฆ.โ€ INA ยง 237(a)(2)(B)(i), 8 U.S.C. ยง 1227(a)(2)(B)(i). Most states control substances other than those as defined in section 802 of Title 21.

  5. SCOTUS narrows category of โ€œsexual abuse of minorโ€ offenses that trigger deportation

    Wisconsin State Public DefenderMay 31, 2017

    Juan Esquivel-Quintana v. Jefferson B. Sessions, USSC No. 16-54, 2017 WL 2322840 (May 30, 2017), reversingEsquivel-Quintana v. Lynch, 810 F.3d 1019 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary)A non-citizen convicted of an โ€œaggravated felonyโ€ is subject to virtually automatic deportation. 8 U.S.C. ยง 1227(a)(2)(A)(iii). One of the crimes listed as an aggravated felony is โ€œsexual abuse of a minor.โ€

  6. Violation of "No Contact" Portion of Protective Order Supported Removal

    Federal Public Defender Office, District of New MexicoShari AllisonJanuary 20, 2016

    Cespedes v. Lynch, 805 F.3d 1274 (11/19/15) (Published) - The 10th holds the Bureau of Immigration Appeals (BIA) reasonably interpreted 8 U.S.C. ยง 1227(a)(2)(E)(ii), which says an alien is removable if s/he "violates the portion of a domestic violence protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury." Mr. Cespedes violated the no-contact part of a pretrial protective order.

  7. Aggravated Felony of Tax Evasion and Deportation Consequences

    Joslyn SmithJune 12, 2015

    The Immigration & Nationality Act (further referred to as INA) provides that an alien who is convicted of an aggravated felony offense is deportable. (iii) Aggravated felonyAny alien who is convicted of an aggravated felony at any time after admission is deportable.8 U.s.c. ยง 1227 โ€” Deportable Aliens., 8 ยง U.S.C. 1227 (2014).Aggravated felonyโ€ is a term of art created by Congress to describe a discrete set of criminal offenses that subject an alien convicted of such an offense to more serious immigration consequences.

  8. High Court Finds Government a Four-Time Loser

    University of Denver Sturm College of LawJune 4, 2015

    That didnโ€™t stop the Board of Immigration Appeals (BIA) from interpreting the nationโ€™s already harsh deportation laws to find Mr. Mellouli deportable under a statute requiring deportation for convictions relating to the federal list of controlled substances. INA ยง 237(a)(2)(B)(i), 8 U.S.C. ยง 1227(a)(2)(B)(i). But the record of Mr. Mellouliโ€™s conviction did not disclose anything about the drug he had socked away.

  9. SCOTUS: Categorical approach is alive and well

    University of Denver Sturm College of LawJune 1, 2015

    Instead, he was convicted of possession of drug paraphernalia under Kansas law. Based on this conviction, he was ordered deported (and in fact deported) for having been convicted of an offense โ€œrelating to a controlled substance (as defined in section 802 of Title 21โ€ of the U.S. Code. SeeINA ยง 237(a)(2)(B)(i), 8 U.S.C. ยง 1227(a)(2)(B)(i).Unlike Kansas, federal law criminalizes selling or engaging in a commercial transaction involving drug paraphernalia, but it doesnโ€™t criminalize possession of drug paraphernalia alone. Moreover, federal law doesnโ€™t consider common household items to be drug paraphernalia.

  10. 5th Cir: Issue mentioned in Notice of Appeal but not briefed is waived

    University of Denver Sturm College of LawMarch 30, 2010

    Marion Claudio, a lawful permanent resident, pleaded guilty to aggravated robbery in violation of Tex. Penal Code ยง 29.03. Claudio, No. 08-61060, slip op. at 1. Sometime later DHS initiated removal proceedings alleging that Claudioโ€™s conviction constituted a firearms offense under INA ยง 237(a)(2)(C), 8 U.S.C. ยง 1227(a)(2)(C). Claudio, No. 08-61060, slip op. at 1.