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Jan 22

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Are You A Former Felon In Need of Immigration Relief?

Depending on the type of felony and your record of conviction, you may be eligible for immigration relief.  In other words, just because you have one or more felonies on your record, you are not automatically barred from immigration relief.

Meet Mr. Tapia-Cruz, a native and citizen of Mexico and a lawful permanent resident (“LPR”) of the United States since 1990.  He had two California convictions on his record: (1) felon in possession of firearm, and (2) identity theft.  Regardless, the Ninth Circuit, overturning the lower court’s decision (called Board of Immigration Appeals), found that Mr. Tapia-Cruz was still entitled to immigration relief called Cancellation of Removal.

To make this holding in Mr. Tapia-Cruz’s favor, the Ninth Circuit made the following findings of law and fact:

  • California statute for felon in possession of firearm is NOT categorically an aggravated felony (includes conduct such as custody and control of firearm that would not be considered aggravated felony);
  • Facts of Mr. Tapia-Cruz’s case are not clear as to whether he engaged in shipping, transporting, possessing, or receiving any firearm or ammunition;
  • California statute for felon in possession of firearm is categorically (always) a firearms offense;
  • Mr. Tapia-Cruz is removable due to firearms offense, but still eligible to apply for Cancellation of Removal because not convicted of aggravated felony.

Although this holding was not published (cannot used as authority in future cases), it is important  to notice that the Ninth Circuit limited its fact finding to the record of conviction- complaint, abstract of judgment, sentencing memorandum- and not beyond, such as the police report (Silva-Trevino approach for crimes involving moral turpitude).

if you are interested to know if your felony would bar your from immigration relief, or curious to know what Cancellation of Removal is, please visit www.weismanlawyers.com.

Permanent link to this article: http://blog.weismanlawyers.com/are-you-a-former-felon-in-need-of-immigration-relief/

2 comments

  1. SUSAN

    very informative

  2. How To Decide On A Texas Criminal Lawyer

    Good. I agree.

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