Immigration Law Concerning Removal Proceedings and Temporary Agricultural Workers by Anna Medrano: Treatises

 INA § 237, 8 U.S.C. §1227

§71.01 (3) Grounds for Deportation:

• Inadmissible at Time of Entry or of Adjustment of Status or Violates Status: INA § 237 (a)(1): sets forth the following six seperate reasons for deportation:

1. The Aliens who fall within any of the grounds of inadmissibility provided in INA § 212;
2. Aliens who are in the United States in violation of the INA or any other U.S. law;
3. Aliens violating nonimmigrant status or condition of entry
4. Aliens whose conditional residence status under INA § 216 or INA § 216A has terminated;
5. Smugglers of aliens; and
6. Aliens committing marriage fraud.

• Criminal Offenses: INA § 237 (a)(2) list five types of crimes, the commission of which will render an alien deportable:
1. General Crimes:
• Conviction of a single crime involving moral turpitude committed within five years after admission for which a sentence of one year or longer could be imposed;
• Conviction at any time after admission of two or more crimes involving moral turpitude "not arising out of single scheme of criminal misconduct";
• Conviction of an aggravated felony at any time after admission;
• Conviction of a crime relating to high speed flight from an immigration checkpoint.
2. Controlled substance
• trafficking drugs
• drug user or addick
3. Certain firearm offenses
• purchasing, selling, offering for sale, exchange, using....
4. Miscellaneous crimes
• sabotage, espionage, treason and sedition,
5. A crime of domestic violence, stalking, violating a protection order, or crimes against children.

• Failure to Register and Falsification of Documents: INA § 237 (a)(3) lists the following four grounds of deportability:
1. Failure to comply with INA § 265 relating to change of address requirements;
2. Conviction for violating the Alien Registration Act, Foreign Agents Registration Act, or 18 U.S.C. § 1546 relating to fraud and misuse of visas, permits and other entry documents;
3. Aliens who are the subjects of a final order for violation of INA §274C; and
4. Falsely claim to be U.S. citizens for any purpose or benefit.

• Security and Related Grounds: INA § 237 (a)(4) lists four grounds of deportability:
1. Improper Activities
2. Terrorists Activities INA § 212(a)(B)(iii)
3. Foreign policy grounds
4. Assisted in Nazi persecution or engaged in genocide.

• Public Charge Grounds: INA § 237(a)(5) makes deportable any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry.
• Unlawful Voting: INA § 237(a)(6) makes deportable any alien who votes in violation of anyfederal, state or local law.

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Volume 6 Part 7 DEPORTABILITY / DEPORTATION

Chapter 72 Procedure in Deportation Cases: "The Illegal Immigration Reform and immigration Responsibility Act of 1996 (IIRAIRA) dramatically revised and toughened the process by which noncitizens can be expelled from the United States.  For cases starting after March 31, 1997, the previously separate "exclusion" and "deportation" procedures have been brought together in a single unified "removal" proceeding. However, this chapter on deportation procedure is retained because some cases that began before April 1, 1997, are still going on, and will be governed by prior law on deportation. MOreover, key concepts from the deportation procedure may be important in the removal context, particularly in interpreting terms that are still used."

Chapter 74 Relief From Deportation: This part of the volume deals with the distinct relief options from deportations.  This part is very helpful to locate statutes, INS Operations Instructions, Regulations and Forms necessary for the procedure. 

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