Wednesday, March 9, 2011

US v. Halloway in Immigration Court

Glickman Turley LLP has taken to the Boston Immigration Court the issues presented in the First Circuit Decision, US v. Halloway, No. 09-1232(1st Cir. 2011). Specifically, we argue that assault and battery on a public official (M.G.L. c. 265, Sec. 13D) is not a crime of violence, and therefore the respondent cannot be removable as an aggravated felon if convicted of ABPO and sentenced to over one year term of imprisonment.

This new interpretation of First Circuit law would permit a Lawful Permanent Resident (LPR)to apply for a new "green card" through cancellation of removal at the Immigration Court.