Thursday, March 20, 2014

Virginia Lawyers Immigration Board Of Appeal Aggravated Felony

Virginia Lawyers Immigration Board Of Appeal Aggravated Felony

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.

Ramp v. United States

Facts:

            Petitioner alien, a native and citizen of Mexico, petitioned for review of the decision of the Board of Immigration Appeal that he was removable for his conviction of aggravated felony.

            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:

  • An "aggravated felony" is defined as murder, rape, or sexual abuse of a minor or a crime of violence (as defined in 18 U.S.C.S. § 16) for which the term of imprisonment is at least one year. 8 U.S.C.S. § 1101(a)(43)(A), (F). 18 U.S.C.S. 16 defines "crime of violence" in pertinent part as an offense that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. 18 U.S.C.S. § 16(b).
  • 18 U.S.C.S. § 16(b) encompasses crimes that, while capable of being committed without the use of physical force, always entail a substantial risk that physical force—defined as "destructive or violent force"—may be used. When analyzing the operative phrase "substantial risk," it is not necessary that the risk must occur in every instance; rather a substantial risk requires a strong probability that the event, in this case the application of physical force during the commission of the crime, will occur. 18 U.S.C.S. § 16 has both criminal and noncriminal applications, and thus, the rule of lenity applies. Courts therefore are constrained to interpret any ambiguity in the statute in defendant's favor. 
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.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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