Hello all, I'm new to this board. I'm a young attorney, just started my own practice, I practice some immigration among other areas. I'm not all that familiar with criminal grounds for deportation. I've read the INA sections of excludability and waivers, but I can't really find a definitive answer to the following issue:
This individual is an LPR since 1989, convicted of "filing false tax returns" in early 2009, currently imprisoned in a federal facility. The problem is that the amount of money he plead guilty to withholding was well over $50,000, putting him in the class of an "Aggravated Felon" according to the INA. As such, I believe he is not eligible for Cancellation of Removal or Withholding of Removal. Also, because he is an LPR, I believe he is not eligible for a Hardship Waiver. it doesn't even look like he's eligible for Voluntary Departure.
Are there any potential options or waivers available to this person? A lot of the usual waivers seem to not apply due to the Aggravated Felony. I've already entered my appearance, first master hearing is next week.
Thanks
This individual is an LPR since 1989, convicted of "filing false tax returns" in early 2009, currently imprisoned in a federal facility. The problem is that the amount of money he plead guilty to withholding was well over $50,000, putting him in the class of an "Aggravated Felon" according to the INA. As such, I believe he is not eligible for Cancellation of Removal or Withholding of Removal. Also, because he is an LPR, I believe he is not eligible for a Hardship Waiver. it doesn't even look like he's eligible for Voluntary Departure.
Are there any potential options or waivers available to this person? A lot of the usual waivers seem to not apply due to the Aggravated Felony. I've already entered my appearance, first master hearing is next week.
Thanks