212h waiver in EOIR for 21 counts agg stalk

Cary G Blake

Case Conclusion Date:August 13, 2012

Practice Area:Immigration

Outcome:Waiver granted

Description:Respondent was accused and convicted of 21 counts of aggregated stalking which subject him to removal. I successfully argued to the court that the language of the Florida statute defining agg stalking was vague in that any violation of injunction was a count of agg stalk with or without knowledge of victims presence. The crime of agg stalking is a specific intent crime, the language of the statute, without knowledge, essentially converted the crime into a strict liability offense eliminating the the required intent.