Siskind Susser

Green Card LotteryABCs of ImmigrationHiring A LawyerHealth Care Info CenterImmigration SitesFashion, Arts & / Sports Newsletter

Siskind Immigration Bulletin Request Consultation Ask Visalaw Client Login
About the Firm
Our Offices
Our Team
In the News
Practice Areas and Services
Scheduling a Consultation
ABCs of Immigration
Requests For Proposals
Press Room


Immigration Forms
Government Processing Times
State Department Visa Bulletin
Siskind's Immigration Professional
Working in America
Washington Updates
Publications
The Visalaw Blog

MEMBER OF THE
AMERICAN
IMMIGRATION
LAWYERS
ASSOCIATION


LAUNCH CHAT

< back

Click for more articlesNEWS FROM THE COURTS

Beltran-Tirado v. INS, Ninth Circuit

In this case, the court found that the Board of Immigration Appeals had improperly concluded that Beltran was ineligible for the registry, and remanded the case for further proceedings. 

Beltran has lived in the US since 1968.  In 1972 she found a Social Security card on a bus and began using it to work, to purchase a home, to obtain a driverís license and many other legal activities.  In 1988 the person whose card it was called Beltran and told her to stop.  Beltranís use of the card did not stop, and in 1991 she was arrested and convicted for using the card to make a false attestation on an employment eligibility verification form and for making false representations concerning a Social Security number.  She was sentenced to 90 days in jail and five years probation.

The INS then sought to deport her.  She applied for three forms of relief Ė registry, suspension of deportation, and voluntary departure.  Each request was denied by an Immigration Judge, and affirmed by the BIA.  Beltran sought review of each of these decisions by the Ninth Circuit.  Because of the 1996 changes to immigration law, only the registry claim could be heard by the federal court.

The registry is a provision of law that provides a route to permanent residency for long-term undocumented residents.  To be eligible, a person must have continually resided in the US since 1972, be of good moral character, and not be ineligible to citizenship.  The BIA found that while Beltran met the residency requirement, and was not barred from one day becoming a citizen, her convictions for offenses it considered to be crimes of moral turpitude prevented her from demonstrating good moral character.

There is no statute that makes clear whether these offenses were crimes of moral turpitude.  However, in 1990 Congress amended one of the laws under which Beltran was convicted to state that permanent residents who gained that status through amnesty or the registry who had used fraudulent Social Security numbers were exempted from prosecution.  In the report that went with this law, Congress stressed that such people should not be considered to have committed crimes of moral turpitude. 

While not directly on point, the law does indicate that Congress did not consider offenses such as Beltranís to be crimes of moral turpitude.  The Ninth Circuit further supported its result by noting that Beltranís offense was not inherently bad or immoral, as is generally required for a crime to be considered one of moral turpitude. 

Because the INS based its result on the finding that Beltran was statutorily ineligible for the registry, a finding the Ninth Circuit reversed, the case was remanded for further proceedings.

Click for more articles

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

Home | Immigration Bulletin | Green Card Lottery Center | ABCs of Immigration | Hiring A Lawyer
Hot Topics | Health Care Info Center | Immigration Sites | Search



This is an advertisement. Certification as an Immigration Specialist is not currently available in Tennessee. Siskind Susser Bland limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. Siskind Susser Bland does not retain clients on the strength of advertising materials alone but only after following our own engagement procedures (e.g. interviews, conflict checks, retainer agreements). The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. Siskind Susser Bland and its advertisers are independent of each other and advertisers on this site are not being endorsed by Siskind Susser Bland by virtue of the fact that they appear on this page. Site is maintained by Siskind Susser Bland's Memphis, TN office and overseen by Gregory Siskind. Copyright © 2003-2006 Siskind Susser Bland. All rights reserved.