Sun - November 30, 2003

DOMESTIC BATTERY CONVICTION (ILLINOIS) AND REMOVAL FROM THE UNITED STATES


Domestic violence and related convictions will cause immigration
problems not only for individuals that have a pending application for
permanent resident status (green card) with the local CIS office but
also for individuals that are already permanent residents or those who
seek to apply for United States citizenship through naturalization.

Posted at 09:35 AM     Read More  

Wed - November 26, 2003

Misdemeanor Domestic Battery not a Crime of Violence, Flores v. Ashcroft, Seventh Circuit, November 2003


In Flores v. Ashcroft the Seventh Circuit held that a respondent
convicted under the Indiana Battery statute was not deportable for a
crime involving domestic violence because there was not a substantial
risk that the offense involved the use of force. November 26, 2003,
2003 U.S. App. LEXIS 24051

Download PDF case

Posted at 03:35 PM     Read More  

Tue - July 8, 2003

Conviction under Immigration law includes Illinois sentence for "1410 probation" ( July 8, 2003)


Gill v. Ashcroft, (7th Cir.) 2003 WL 21525603. July 8, 2003

Ct. of Appeal lacked jurisdiction to consider appeal of instant removal
order under 8 USC §1227(a)(2)(B)(i) based on existence of alien's prior
Illinois state court conviction for possession of cocaine that was
ultimately dismissed upon alien's successful completion of probation
period; under 8 USC §1101(a)(48)(A), alien's state court proceeding
qualified as "conviction" that precluded alien from applying for
discretionary relief from removal order.

Posted at 05:35 PM     Read More  

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