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Immigration Law > Deportation > Flashcards

Deportation Flashcards

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1
Q

Deportation is __

A

the power to remove those already admitted

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2
Q

Exclusion is ___

A

removing those not admitted

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3
Q

Deportation has ___ than inadmissibility

A

narrower

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4
Q

INA 237 unlike INA 212 explicitly permits __ to remove consequences

A

pardons

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5
Q

Unlike 212, ____ is not enough to deport you need __

A

admission of crime, actual conviction

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6
Q

Immigration violations that lead to deportability

A
  • visa violations
  • smuggling noncitizens
  • false claims of citizenship
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7
Q

You can deport LPRs even if ___

A

already served their sentence

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8
Q

Example of broadness of smuggling of noncitizens

A

giving cousin money to come with peyote

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9
Q

Most common form of deportation ground is ____ because__

A

immigration violation, easier to prove

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10
Q

Under the Fleuti doctrine, an LPR that ____ will not be treated as an entry

A

leaves US for trip brief, causal and innocent

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11
Q

Max time before no longer brief visit under INA

A

180 days

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12
Q

Fleuti court emphasizes that he is ___

A

LPR (pushing back on FYT, already here so more protection)

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13
Q

Fleuti entry mattered because ___

A

in meantime new law had passed making being gay inadmissibility ground but only applies if making entry

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14
Q

Padilla facts

A

LPR for 40 years pleads guilty to large possession of marijuana on advice of lawyer who said not to worry because had been in country so long

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15
Q

Padilla says defense counsel has duty to __

A

provide affirmative accurate advice under 6th amendment if the law is clear

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16
Q

Padilla says effective counsel is not just about ____ because ___

A

avoiding misinformation, don’t want silence even when the law is clear

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17
Q

Padilla court recognized that immigration is ___

A

different from other collateral consequences (push back on FYT)

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18
Q

Padilla court didn’t reach issue of ___

A

prejudice

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19
Q

Alito concurrence in Padilla says that __

A

just have duty to not to provide incorrect info and must say may carry immigration consequences so contact immigration attorney

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20
Q

It is an open question whether attorneys have to plea bargain for __

A

immigration safe outcomes

21
Q

Lee held that losing the ability to go to trial ___

A

is prejudice itself (even if not likely to win)

22
Q

Deportability and CIMT

A

within 5 years of admission + convicted of crime for which 1+ year sentence may be imposed

23
Q

Unlike CIMT, aggravated felonies __

A

have no time cut off

24
Q

Ag fels create ___

A

mandatory removal

25
Q

___ is irrelevant to most ag fels

A

Sentencing

26
Q

Ag fels are ineligible for ___

A

most relief from removal (including discretionary relief from AG)

27
Q

Ag fels are __

A

crime committed anytime after admission defined by the statute

28
Q

What is the categorical approach

A

compare elements of state offense to federal category

29
Q

If a state crime _____ , then it is not a categorical match

A

encompasses broader swath of conduct than the federal

30
Q

In Descamps, the CA statute for burglary ____

A

was more broad (included lawful and unlawful entry) so no imm consequences

31
Q

Fed offense: Any offense involving theft of fries in a restaurant
State offense: Steal spouses’ fries from plate in diner

A

Match

32
Q

Fed offense: Any offense involving theft of fries in a restaurant
State offense: steal spouse’s fries

A

No (judge can’t see where stole fries and could’ve been elsewhere)

33
Q

Fed offense: Any offense involving theft of fries in a restaurant
State: Steal or threaten to steal fries in a diner

A

match only if A and judge can look at criminal record solely to see which one convicted under

34
Q

The categorical approach does not consider ___

A

facts of individual conduct

35
Q

The modified categorical approach applies if ___

A

clearly dilineated alternatives in state statute (not just any series of things)

36
Q

What is the realistic probability test

A

to determine if state statute actually overbroad ask if states actually prosecuting that way

37
Q

Rationale for categorical approach

A
  • sometimes crime happened years ago
  • no mandatory counsel + detained while waiting for removal so hard to gather evidence
  • no relitigation of past convictions in mini-trials
38
Q

First step of categorical approach

A

Examine federal removal law
- is it generic offense/ what are elements
- no need if removal refers to specific federal law

39
Q

Second step of categorical approach

A

examine state statute for minimum conduct for which realistic probability conviction under the statute may occur

40
Q

Some removal grounds are exempt from categorical approach and instead have __

A

circumstances specific approach

41
Q

In cases involving ___ can look at facts

A

> 10K loss in fraud, less than 30grams marijuana

42
Q

For domestic violence cases whether ag fel depends on ___

A

nature of relationship (domestic)

43
Q

Moncrieffe held that if noncitizen’s conviction for marijuana fails to ____

A

establish that it involved remuneration or more than small amount of marijuana not an ag fel

44
Q

Illegal trafficking in controlled substance is a ___ crime

A

generic

45
Q

Court elements for illegal trafficking in controlled substance

A
  • proscribe conduct that is offense under CSA
  • CSA must proscribe felony punishment for that conduct
46
Q

Escaping an ag fel only means ___

A

avoiding mandatory removal (may still be removed)

47
Q

If grounds for removal not ag fel then __

A

may seek relief for removal

48
Q

Mellouli holding

A

Didn’t trigger removal because state law not confined to federally controlled substances

Immigration Law (14 decks)

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