John Q Khosravi Law Firm

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John Q. Khosravi Immigration Law Firm (JQK Law Firm)

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Licensed to Practice in CA. Practice Focus on Federal Immigration Law. This Blog is Legal Advertisement.

Friday, March 18, 2016

BIA Says Failing to Appear for Service of Sentence Is an Aggravated Felony

An “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(Q) (2012), if the underlying offense was “punishable by” imprisonment for a term of 5 years or more, regardless of the penalty actually ordered or imposed.

 26 I&N Dec. 726 (BIA 2016)