Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072


Wednesday, January 19, 2011

Criminal prosecution of alien who refused to sign travel documents

USA v. Ashraf, __ F.3d __ (6th Cir. 2011)
In this published decision, the alien was convicted of willfully refusing to sign travel documents after being ordered removed.  He was ordered removed following a conviction for being a nonimmigrant alien in possession of firearms or ammunition.

The alien came to the government's attention when he applied for adjustment of status concurrently with an I-130 petition filed by his then-LPR mother.  Of course, an immigrant visa was not immediately available to him and his application was doomed to failure.  He was later sentenced to 78 months in prison on the firearms charge.  He was sentenced to 12 months for refusing to sign the travel documents.

He was physically deported to Pakistan in September 2010.  This did not render the appeal moot.

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