I would recommend her law firm to anyone. Immigration reform should restore immigration judges' power to consider cases individually and narrow the definition of "aggravated felony" to … Matter of Alverado, 26 I&N Dec. 895, 901-902 (BIA 2016). Id.

The term of imprisonment is the period of confinement ordered by the court regardless of whether the court suspended the sentence.

I wish him much success throughout his career Thanks Mr. Clarke. [5] For example, an offense involving theft or a crime of violence is considered an aggravated felony if the term of imprisonment ordered by the court is one year or more, even if the court suspended the entire sentence. KO, Attorney Yemane Clarke provided excellent service to my husband and I.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA or IIRAIRA), Division C of Pub.L. First, illicit trafficking which is not defined.

I knew Attorney Yemane Clarke personally and ask him immediately for help. He is one of the very few attorneys who can be reached directly and who will advise and guide you in such a way that it is his responsibility to resolve your problem. He also exhibited patience in explaining legal terms and procedures. I was in an accident , a rear end collision at a stop light by a drunk driver. As a small business owner, I have officially hired Attorney Clarke as my business Attorney. The definition of aggravated felonies is found in INA §101(a)(43).

Obstruction, according to the Board of Immigration Appeals relates to affirmative and intentional attempt, with specific intent, to interfere with judicial proceedings. My case was settled with minimal inconvenience. Matter of Rodriguez-Rodriguez, 22 I&N Dec. 991 (BIA 1999).

The entire application process consisting of several applications were handled by the firm and legal advice and guidance were provided also communication channels between us and attorney Clarke were always open, cordial and efficient.

These are offenses described in 18 USC §1543 or 18 USC §1546(a) and a term of imprisonment of 12 months was imposed. Thank you so much for all your help. What could be done to stop my removal proceedings? I was satisfied  with how responsive he was to my case.

Second, drug trafficking, which is a felony crime under federal law and requires renumeration for some sort of commercial dealing.

They are hard workers, kind, and get the job done. For conspiracy grounds, the underlying offense must be an aggravated felony. These are crimes as define in 18 USC §921 or 18 USC §841(c), These are offenses under 18 USC 1956 and 1957 relating to laundering monies from illegal activities. List of Aggravated Felonies and U.S. Immigration Ineligibility People convicted of aggravated felonies are permanently ineligible for naturalization and asylum.

Convictions under §16(a) require a mens rea and could not be a negligence crime. SO, It's hard to find people you can trust and I knew I could trust the Clarke Law Office,LLC to handle my case with care and keep my family a priority.
I know attorney Clarke was not familiar with my industry, and he took the time to learn the terminologies and how the industry works. The firm provided professional assistance in my case.

[2] The offenses require a minimum term of imprisonment of 12 months to qualify as an aggravated felony in the immigration context. The definition of aggravated felonies is found in INA §101(a)(43). During this time, we are working hard from home.

Contacting us does not create an attorney-client relationship. I would highly recommend him to anyone in need of legal services. According to the same decision, the circumstance specific inquiry applies in determining whether the failure was 1) pursuant to a court order 2) to answer for a charge and 3) if the term of imprisonment was for 2 years. MG, I was completely satisfied with Mr. Clarke's assistance during my time of trials and tribulations. Necessary cookies are absolutely essential for the website to function properly. He followed up on my case, and guided me through the steps. A conviction for one of the abovementioned crimes will have serious consequences on an immigrant’s immigration status.

The Dimaya case arose out of the Ninth Circuit Court of Appeals, which like the Third, Sixth, Seventh, and Tenth Circuit Courts of Appeals, had held that 18 U.S.C.

An aggravated felony, which need not be a felony or aggravated, is a broad category of criminal offenses under federal immigration law that triggers some of the harshest immigration consequences possible. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. He kept us informed every step of the way, and he gave us realistic expectations in terms of what our time frame would look like once we filed our paperwork. If the applicant’s actions during the statutory period do not reflect a reform of his or her character, then the applicant may not be able to establish GMC. My husband was so impressed by his knowledge and personable attitude that we had him complete our wills that same day.

But opting out of some of these cookies may have an effect on your browsing experience.

Attorney Clarke was kind, professional, and patient with us and our many--sometimes repetitive--questions. The Supreme Court in Sessions v. Dimaya, 138 S,Ct. If your visa expires, will they come get you? IO, Attorney Clarke provided me with peace of mind.

My family and I did not have to stress about anything, because they took care of it. § 16(b), is unconstitutionally void for vagueness. The judge ruled in my favor so I would say I benefited greatly from attorney Yemane Clarke’s services. Despite our misgivings that, in pursuit of a clearly defined legislative goal (to severely punish unlawful reentry into this country), a carelessly drafted piece of legislation has improvidently, if not inadvertently, broken the historic line of division between felonies and misdemeanors, we conclude that Congress was sufficiently clear in its intent to include certain crimes with one-year sentences in the definition of “aggravated felony”…, In 1996, Congress expanded the definition and type of offense considered an “aggravated felony” in the immigration context.

CT, I received a pretty hefty settlement from a pretty stubborn Insurance Company.

Offenses under INA 101(a)(43)(M)(i) include offenses against private parties where the loss was more than $10,000. Will definitely recommend Clarke's services. What is a Motion to Reopen Immigration Proceedings? Villavicencio v. Sessions, 879 F.3d 941, 946 (9th Cir. N. Taylor v. U.S., 495 U.S. 575, 598-99 (1990). Timely and Professional preparation of documents needed for international purposes! The following are some important options.

The amount of loss muse exceed $10,000. Theft offenses include any offenses that include a taking with the intent of depriving the owner of ownership. RN, Mr. Clarke is very professional, and he has a great human side. Petitions for Review by the Circuit Court of Appeals, Waivers of Misrepresentation under INA §237a1h and INA §212i, lead to severe consequences to any immigrant, Offenses described in 18 USC §842(h) relating to the transportation or receipt of stolen explosives and 18 USC §842(i) barring certain persons like drug abusers from transporting or receiving explosives, Offenses described in 18 USC §§922(g)(1)-(5) barring certain persons unlawfully in the US from possessing firearms or ammunition. You also have the option to opt-out of these cookies.

The Supreme Court’s holding that 18 U.S.C.

Every question asked was answered quickly and with substance. I highly recommend you seek his legal services.

Burglary is the breaking and entering into a dwelling with the intent to commit a crime within. 1204 (2018) ruled that §16(b) is unconstitutional for vagueness.

We also use third-party cookies that help us analyze and understand how you use this website. Permanent Residence (Adjustment of Status) Attorney, Self-Petitions Violence Against Women Act (VAWA) Attorney, Removal of Conditions on Residence (I-751). There are some immigration remedies for persons convicted of an aggravated felony, but they are limited and determining eligibility is highly complex.

Last but not least they showed genuine concern about my well being and assured me that everything was going to be fine and it turned out to be more than just fine. We had a peace of mind, and most of all we got justice/judgment for our Daughter’s death. Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2017). He made me feel like I was his personal family member. Recently, I found myself in a situation with a customer where I was quickly over my head and knew that I needed help. 3009-546, enacted September 30, 1996, made major changes to the Immigration and Nationality Act (INA) of the United States, which the bill's proponents argued was mainly because of the rapidly-growing undocumented immigrant population in the country. "

In September 2019 I received a letter from USCIS giving me only 30 days in the US( my husband's and I petition for change of status was denied) and that was a month after I submitted more evidence upon their request (Notice of Intent To Deny). I retained Attorney, Yemane Clarke to represent me in filing my auto accident claim.

These crimes include theft, including the receipt of stolen property, or burglary in which the sentence imposed was one year or more.

The particular question before us is whether petit larceny, a class A misdemeanor under New York law that carries a maximum sentence of one year, can subject a federal defendant to the extreme sanctions imposed by the “aggravated felon” classification. Thank you a million!! 4451 Park Blvd. The Court held that 18 U.S.C. Most often people forget that Crime Involving Moral Turpitude can have an adverse effect on your immigration status or delay your filing for naturalization.

Personal Injury, Immigration & Naturalization, Estate Planning & Probate, and Divorce, etc.)

While an applicant who has been convicted of an aggravated felony prior to November 29, 1990, is not permanently barred from naturalization, the officer should consider the seriousness of the underlying offense (aggravated felony) along with the applicant’s present moral character in determining whether the applicant meets the GMC requirement.
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Mr. Clarke was professional. The information you obtain at this site is not, nor is it intended to be, legal advice. I do not regret having him as an attorney, and I would highly recommend his services to anyone.

The substance must be a controlled substance under federal law.

When I started my small business over 20 years ago I never imagined that I would ever need an attorney.

Everything was completed very professionally. There is an exception for smuggling someone’s own parent, spouse, or child.


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