Wednesday, August 30, 2006

More Narrowing of "Purely Political Offense" Exception For Excludable Crimes -- Another Irish Case

Matter of O'Cealleagh, 23 I&N Dec. 976 (BIA 2006) Interim Decision # 3538 (1) In order for an offense to qualify for the “purely political offense” exception to the ground of inadmissibility under section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I) (2000), based on an alien’s conviction for a crime involving moral turpitude, the offense must be completely or totally “political.” (2) The respondent is inadmissible where he properly conceded that his offense, substantively regarded, was not “purely political,” and where there was substantial evidence that the offense was not fabricated or trumped-up and therefore did not qualify from a procedural perspective as a “purely political offense,” because the circumstances surrounding his conviction in Northern Ireland for aiding and abetting the murder of two British corporals reflected a sincere effort to prosecute real lawbreakers.  Click here for the full opinion.

KJ

https://lawprofessors.typepad.com/immigration/2006/08/more_narrowing_.html

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