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Keywords

appealdeportationnaturalization
appealdeportationnaturalization

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Lozano-Giron v. Immigration and Naturalization Service

Facts

Petitioner, a permanent resident alien, was convicted of possessing counterfeit obligations of the United States with intent to defraud in violation of 18 U.S.C.S. 472 after he returned from a trip to Colombia. After petitioner was ordered deported pursuant to 241(a)(4) of the Immigration and Nationality Act, 8 U.S.C.S. 1251(a)(4), because he had been convicted of a crime involving moral turpitude committed within five years after entry and had been sentenced to confinement for a year or more, the appeals board affirmed. Petitioner sought review.

Petitioner, a permanent resident alien, was convicted of possessing counterfeit obligations of the United States with intent to defraud in violation of 18 U.S.C.S. 472 after he returned from a trip to Colombia.

Issue

The primary issue is whether a permanent resident alien's return to the United States from a 27-day trip to Colombia constituted an 'entry' within the meaning of section 101(a)(13) of the Immigration and Nationality Act of 1952, 8 U.S.C. 1101(a)(13).

The primary issue is whether a permanent resident alien's return to the United States from a 27-day trip to Colombia constituted an 'entry' within the meaning of section 101(a)(13) of the Immigration and Nationality Act of 1952, 8 U.S.C. 1101(a)(13).

Rule

Entry means 'any coming of an alien into the United States, from a foreign port…' The Immigration and Nationality Act of 1952 added an exception: 'an alien having a lawful permanent residence in the United States' shall not be regarded as making an entry if his departure to a foreign port was not intended or reasonably to be expected.

Entry means 'any coming of an alien into the United States, from a foreign port…' The Immigration and Nationality Act of 1952 added an exception: 'an alien having a lawful permanent residence in the United States' shall not be regarded as making an entry if his departure to a foreign port was not intended or reasonably to be expected.

Analysis

The court applied the rule by examining the length of the petitioner's absence, the purpose of his visit, and the implications of his departure on his permanent residency. The court noted that the petitioner was absent for 27 days and had made three lengthy trips in a short time, which indicated a meaningfully interruptive intent regarding his permanent residence. The court concluded that the crime of possessing counterfeit obligations involved moral turpitude, affirming the deportation order.

The court applied the rule by examining the length of the petitioner's absence, the purpose of his visit, and the implications of his departure on his permanent residency.

Conclusion

The court denied petitioner's request for review of the dismissal of his appeal of an order of deportation for his conviction of a crime involving moral turpitude within five years after entry.

The court denied petitioner's request for review of the dismissal of his appeal of an order of deportation for his conviction of a crime involving moral turpitude within five years after entry.

Who won?

The Immigration and Naturalization Service prevailed in the case as the court upheld the deportation order based on the petitioner's conviction for a crime involving moral turpitude.

The Immigration and Naturalization Service prevailed in the case as the court upheld the deportation order based on the petitioner's conviction for a crime involving moral turpitude.

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