Tuesday, March 18, 2014
Virginia Lawyers Immigration Removal Cancellation
Virginia Lawyers Immigration Removal
Cancellation
If you are facing immigration
case in Virginia, contact our law firm for help.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Contact our law firm today to
speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to
help you.
We will do our absolute best
to help you get the best result possible based on the facts of your case. Our
law firm has the necessary experience to assist you with this matter.
Hansel v. United States
Facts:
Petitioner alien, a lawful permanent resident of the
United States, sought discretionary cancellation of removal after his felony
conviction in state court for possession of drugs. The alien petitioned for
review of the decision of the Board of Immigration Appeals which held that the
alien was statutorily ineligible for cancellation of removal because he was
convicted of the aggravated felony of a drug trafficking crime.
If you are facing a Immigration case in Virginia, contact
a SRIS Law Group lawyer for help. You
can reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- Possession of
methamphetamine is punishable under the federal Controlled Substances Act
with imprisonment of not more than one year, 21 U.S.C.S. § 844(a), and
thus is not a felony under federal law.
- The Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 divests courts of
jurisdiction to review an order of removal against aliens removable for
having committed an aggravated felony. 8 U.S.C.S. § 1252(a)(2)(C).
However, courts retain jurisdiction to determine jurisdiction, which
includes determining whether a particular offense constitutes an
aggravated felony for immigration purposes.
- A lawful permanent resident is eligible for discretionary cancellation of removal if he: (1) has been lawfully admitted for permanent residence for not less than five years; (2) has resided in the United States continuously for seven years after having been admitted in any status; and (3) has not been convicted of any aggravated felony. 8 U.S.C.S. § 1229b(a).
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to
help you.
We will do our absolute best
to help you get the best result possible based on the facts of your case. Our
law firm has the necessary experience to assist you with this matter.
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