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Non-citizens convicted of certain crimes are deportable.  Certain deportable convictions are worse than others.  Aggravated felonies, as defined in the Immigration and Nationality Act, are the most serious types of criminal convictions that a non-citizen can obtain.  A non-citizen convicted of an aggravated felony will face almost certain deportation.  

There are many aggravated felonies listed in the statute, but under §101(a)(43)(A) of the Immigration and Nationality ACT (“INA”), an aggravated felony includes murder, rape, and sexual abuse of a minor.  However, the INA doesn’t define “sexual abuse of a minor.” Does the term include offenses that are considered sexual abuse of a minor under federal law?  Under state law? Under both?  

Florida’s Statutory Rape Statute, codified in §800.04(4), criminalizes sexual activity with a minor who is between the ages of 12 years old and 16 years old. But the statute makes no reference to the perpetrator’s age.  It is also a strict liability crime when it comes to age and consent.  In other words, even if the perpetrator didn’t know the age of the minor and the minor consented to the sexual activity, the perpetrator would be guilty if he or she engaged in the sexual activity.  So, a 16 year old could be convicted under this statute of engaging in consensual sexual activity with another 16 year old.  Or a 13 year old could be convicted of engaging in consensual sexual activity with a 16 year old.  

This blog topic has been one of our most popular blogs over the years. It was almost seven years ago that we published this blog and since then many people from across the country have called us for help on this issue. If you want to read the original blog, which is still very useful, click here: 2016 blog. This blog is intended to provide an update on what I have seen over the last seven years representing clients from numerous states who have registered to vote when they were not U.S. citizens.

People who are not U.S. citizens are not eligible to vote in federal elections (elections for President and members of Congress) and in many states, non-U.S. citizens cannot vote in state or local elections.

It is a federal crime to vote in a federal election if you are not eligible to vote, even if you did not know you were not eligible. It is also a reason to deport any non-citizen and a reason to deny someone U.S. citizenship.

The Eleventh Circuit recently denied a petition for review of a decision of the Board of Immigration Appeals, effectively ending a Sri Lanka citizen’s asylum case.  In Senthooran Murugan vs. U.S. Attorney General, No. 19-13715 (August 24, 2021), a Sri Lankan citizen, Senthooran Murugan, fled Sri Lanka and entered the United States with the intent to seek asylum.  He was issued a notice to appear in removal proceedings and his case was heard before an immigration judge.

During the removal hearing, Mr. Murugan applied for asylum, withholding of removal and CAT (Convention against Torture) relief.  Mr. Murugan testified that he had been persecuted based on his membership in a particular social group (Tamils) and based on imputed political opinion.  Mr. Murugan testified that he had been arrested on three occasions in Sri Lanka and on one occasion he was held for four hours and slapped and kicked by soldiers.  Mr. Murugan testified that he thought he was going to die.

The immigration judge denied Mr. Murugan’s asylum, withholding and CAT claims and ordered him removed.  Mr. Murugan appealed to the Board of Immigration Appeals, who affirmed the immigration judge’s decision.  Mr. Murugan then appealed to the Eleventh Circuit Court of Appeals.

What is a Petition for Review?

             A petition for review (PFR) is a pleading that you may file in federal Circuit Court if you disagree with a decision regarding a removal or deportation order issued by the Board of Immigration Appeals or U.S. Immigration and Customs Enforcement. In most cases, you cannot appeal a decision of an immigration judge directly to the Circuit Courts, you have to appeal to the BIA first and then if you lose, you can file a PFR with the Circuit Court.

Can I File a Petition for Review?

What is Prosecutorial Discretion?

            Prosecutorial discretion is the authority of government immigration agencies to determine how to use its resources (tax payer’s money) to enforce the law. This means that ICE attorneys may choose not to pursue certain immigration enforcement actions, such as arrests, detentions, or deportations, in particular cases.

How can Prosecutorial Discretion Help Me?

It has finally happened, USCIS announced that as of Monday, March 8, 2021, Venezuelans in the United States may qualify for Temporary Protected Status, also known as TPS.

WHO WILL QUALIFY FOR VENEZUELAN TPS?

As I thought, here are the TPS requirement for Venezuelans: