Deportation Ordered for Immigrant Tax Evader


A case that was decided February 21, 2012 by the United States Supreme Court should send shock waves through the resident alien community. Those persons, who are non-citizen U.S. resident taxpayers, face the prospect of deportation if they are convicted of tax crimes which are now to be considered as “aggravated felonies”.

The case is Kawashima v. Holder 565 U.S. __ (2012). The case arose on appeal from the Ninth Circuit Court of Appeals and holds that aliens who are U.S. taxpayers, are subject to deportation if they are convicted of tax evasion involving $10,000 or more. In this case the defendant taxpayer was convicted of violating 26 U.S.C. §§7206(1) and (2) tax evasion and making a false statement, which are crimes involving fraud or deceit. Therefore, the court held that such crimes constitute aggravated felonies under 8 U.S.C. §1101(a)(43)(M)(i) and as such constitute aggravated felonies as defined in the Immigration and Nationality Act. The government sought their deportation, and a deportation order was sustained.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sanford Millar, Law Offices of Sanford I. Millar | Attorney Advertising

Written by:


Law Offices of Sanford I. Millar on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.