Criminal convictions often determine whether a noncitizen can be deported from the United States or whether he or she can qualify to apply to stay. In the summer of 2016 through a Supreme Court decision in Mathis v. United States and a Board of Immigration Appeals decision in Matter of Chairez, the courts ruled that for a criminal conviction to trigger a negative immigration consequence, only conduct laid out in the statute that the jury must unanimously agree upon can be considered. Underlying facts do not matter.
This month, the Board of Immigration Appeals granted a Joseph & Hall P.C. motion to reopen a case where our client had been ruled ineligible for cancellation of removal and ordered removed from the United States because of a Colorado Third Degree Assault conviction. We successfully argued that even though courts held in the past that Colorado’s Third Degree assault could be a crime involving moral turpitude, after Mathis it could not.
Our client now no longer has a final order of removal and will get to present his case to an immigration judge in new hearings. Any person who had a negative immigration ruling based on a criminal offense should at least check to see if the outcome would be different in a post-Mathis world. If so, there may be a way to reopen the case.
As an immigrant, going to see the Statute of Liberty brings great joy and inspiration. The torch is a symbol of enlightenment. The Statue of Liberty’s torch lights the way…
25Jan
On February 18, 2017, Joseph & Hall P.C. partner addressed the crowd at the Defend Our Constitution Rally and March at Civic Center Park. Below is the text of his…
21Feb
Joseph & Hall P.C. is a full-service immigration law firm. We pride ourselves on being nationwide experts in all areas of immigration law, including the practice areas listed below. Our attorneys frequently are asked to speak both locally and nationally on a wide variety of immigration topics. For an overview of each practice area, please click the links below. If you have any questions about how these practice areas may apply to your case, please do not hesitate to contact our firm.
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