Department of Homeland Security Removal/Deportation Proceedings at York, Pennsylvania

RESPONDENT’S OPPOSITION TO AGGRAVATED FELONY CHARGE

In a strong brief filed with the Immigration Court at York, Pennsylvania, Immigration Law and Deportation Defense Attorney Raymond Lahoud of Baurkot & Baurkot, a leading national immigration and deportation law firm, submitted a brief on behalf of one of his deportation clients challenging an aggravated felony charge. The Department of Homeland Security charged his client as an Aggravated Felon under Section 101(a)(43)(F) of the Immigration & Nationality Act.

Section 101(a)(43)(F) of the Immigration & Nationality Act brings a crime of violence defined in 18 U.S.C. § 16 for which the term of imprisonment is at least one year within the ambit of an Aggravated Felony. The Department of Homeland Security incorrectly argued that the crime for which Attorney Lahoud's client was convicted of in Delaware, Terroristic Threatening under Title 11, Section 621(a)(1) of the Delaware Code is a Crime of Violence.

Attorney Lahoud strongly contests the Department's contention and, citing to Delaware, Board of Immigration Appeals and Third Circuit Court of Appeals case law, argues that Title 11, Section 621(a)(1) of the Delaware Code lacks the requiste mens rea (a Latin for a guilty mind, or criminal intent in committing the act) to necessary for a crime to be deemed a crime of violence under 18 U.S.C. § 16, which would prevent the statute from falling into the wide array of offenses that that Immigration's Aggravated Felony statute includes.

For more information, call Raymond Lahoud at Baurkot & Baurkot or visit Baurkot's website at www.nationalimmigrationlawyers.com.

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Reference Info:Federal, 3rd Circuit, Pennsylvania | United States


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.

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