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:
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Virginia | |
| Fairfax | 703-278-0405 |
| Prince William | 703-278-0405 |
| Loudoun | 703-278-0405 |
| Fredericksburg | 703-278-0405 |
| Richmond | 804-201-9009 |
| Virginia beach | 757-512-5002 |
| Lynchburg | 434-509-4004 |
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