|Docket: 13-11492||Opinion Date: October 1, 2014|
|Areas of Law: Criminal Law, Immigration Law|
Petitioner sought review of the BIA’s dismissal of his appeal from the IJ’s order of removal under 8 U.S.C. 1227(a)(2)(A)(iii). Petitioner argued that his Florida state conviction for aggravated fleeing was not an aggravated felony. The court concluded that, under relevant Florida law and considering the factual circumstances of the proceedings related to petitioner’s aggravated fleeing offense, the probation revocation and resentencing resulted in a prison term of at least one year, in satisfaction of the aggravated felony statute, 8 U.S.C. 1101(a)(43)(F). Further, the Florida state conviction was a crime of violence where, by fleeing from law enforcement, defendant has already resorted to an extreme measure to avoid arrest, signaling that he is likely prepared to resort to the use of physical force. Accordingly, the court denied the petition.
Criminal Lawyers need to make sure to adequately explain all consequences of a plea or finding of guilt to your immigration client’s so they can understand they may be removed or deported from the U.S. for a crime that normally would not carry such a stiff penalty on its own.