Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072


Monday, January 25, 2010

6th Circuit on 212(c) after trial, CIMT after Silva-Trevino

Kellermann v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0010p-06.pdf

In this case, the Court had the opportunity to address whether a conviction under 18 USC 371 and 1001 (conspiracy to make a false statement) was a CIMT.  The Court answered in the affirmative.  The decision is notable for the CIMT analysis.  While the Court cited to Silva-Trevino, the Court did not adopt the AG's 3rd step, instead limiting the analysis to a limited examination of the record of conviction.

The Court also found that the repeal of 212(c) did not have an impermissible retroactive effect on a noncitizen that elected to go to trial on a criminal charge, joining the majority of circuits.

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