Transcription of 236(c) MANDATORY DETENTION A) …
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236(c) MANDATORY DETENTION A) …
2011 AILA Teleconference/Web Conference 2011 American Immigration Lawyers AssociationSusan Church Outline 236(c) MANDATORY DETENTION : includes all charges where respondent committed an offense: A) INADMISSIBLE BY REASON OF HAVING COMMITTED AN OFFENSE UNDER 212(A)(2) does not require conviction a. 212(a)(2) includes single crime involving moral turpitude; b. Exceptions include: i. petty offense exception (max sentence did not exceed one year and actual sentence did not exceed 6 months) ii. or under 18 exception under 18 and five years before date of application for visa : c. Drug charges involving controlled substance offenses d. TWO crimes involving moral turpitude at any time e. Controlled substance traffickers (a person who the ag knows or has reason to know has been an illicit trafficker in a controlled substance). f. Prostitution and commercialized vice g.
“ON ACCOUNT OF” •§236(C) requires an arrest be “on account of” one of the grounds of mandatory detention Saysana v. Gillen, 590 F.3d 7 (1st Cir. 2009) overturned
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