These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
forgery
The Ninth Circuit has determined that a California conviction for forgery is categorically a crime involving moral turpitude because it requires an intent to defraud.
The full text of Vasquez-Borjas v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/06/06/17-70867.pdf
The Ninth Circuit has determined that a California forgery statute is a categorical match to the definition of a forgery aggravated felony. “Thus, by definition, § 470a requires proof of a false writing capable of procuring fraud. A person who takes the affirmative step to photocopy a genuine document with the intent to deceive has made a false instrument—an action that falls squarely within the generic definition of forgery.”
The full text of Escobar Santos v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/07/09/17-72334.pdf
The Eighth Circuit has determined that an Iowa statute which criminalizes possessing a forged instrument with the intent to perpetuate a fraud or with the knowledge his possession was facilitating a fraud, qualifies as a forgery-related aggravated felony. The court also determined that a reinstatement order is not final if a petitioner requests a reasonable fear interview. The order became final once the Immigration Judge affirmed the Asylum Officer’s negative reasonable fear determination. Finally, the court acknowledged that the Department of Homeland Security violated the petitioner’s due process rights by issuing a Final Administrative Removal Order (FARO) before the deadline for him to respond to the Notice to Intent to Issue the FARO had passed, but found that he could not establish any prejudice from this violation.
The full text of Cardoza Salazar v Barr can be found here:
The Third Circuit has determined that Georgia's forgery statute, though not a perfect match to the generic definition of forgery, covers conduct with a sufficient logical connection to forgery to be deemed a crime related to forgery for aggravated felony purposes. The court acknowledged that its decision creates a circuit split with the Ninth Circuit.
The full text of Williams v. Attorney General can be found here:
The Fourth Circuit has determined that a Virginia conviction for forgery of a public record is categorically an offense related to forgery, and thus, an aggravated felony if accompanied by a sentence of one year or more of imprisonment.
The full text of Santos Alvarez v. Lynch can be found here:
