Should I worry about deportation if I am a green card holder with a criminal record?
On April 17, 2018, the Supreme Court decided Sessions v. Dimaya, No. 15-1498, holding in a 5-4 decision that the Immigration and Nationality Act’s definition of “crime of violence” is void for vagueness. This decision instantly was translated to Mandatory Sanctuary State for Permanent Residents.
The Immigration and Nationality Act (INA) renders deportable any alien convicted of an *aggravated fIn 8 U.S.C. * 1101(a)(43), the INA defines *aggravated felony* by listing numerous offenses and types of offenses, one of which is *a crime of violence* as defined in the federal criminal code, 18 U.S.C. * 16. That statute defines *crime of violence* in two parts, known as the *elements clause* and the *residual clause.* The residual clause, * 16(b), covers *any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.* To decide whether a person*s conviction falls within the residual clause, courts use a *categorical approach* that examines whether the *ordinary case* of a particular offense poses *a substantial risk of physical force,* rather than asking whether the crime as actually committed involved such a risk or the statutory elements of a legal violation required proof of such a risk.
Does this mean the ICE*s hands are tied after this case when it comes to criminal acts conducted byMaybe not. As stated above, 8 U.S.C. * 1101(a)(43), gives a list of numerous offenses and types of offenses when defining aggravated felony as base for deportation of committed felons who are permanent residents. The list itself is not short. To demonstrate, the list include a) murder, rape, or sexual abuse of a minor; b) illicit trafficking in a controlled substance ; c) illicit trafficking in firearms or destructive devices d) an offense relating to laundering of monetary instruments or monetary transactions in property derived from specific unlawful activity iif the amount of the funds exceeded $10,000; e) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment at*5 least one year; f) an offense relating to child pornography); g) an offense that relates to the owning, controlling, managing, or supervising of a prostitution business; h) other offenses with the imprisonment of 5 or more years.
Deportation is still possible.Thus, LPS with criminal records are not handed a free pass to ICE. An experienced immigration attorney should be able to explain the situation better.