Section 1101 - Definitions
91 Analyses of this statute by attorneys
Who is an Immigrant?
Dickinson, Mackaman, Tyler & Hagen, P.C.David GonzalesNovember 20, 2018
Second, everyone not included in the first group is considered an “alien” as defined by the INA. 8 U.S.C. §1101(a)(3). Finally, the term “immigrant” is defined as any “alien” not specified in twenty-two separate categories.
Jorge Luna Torres v. Loretta Lynch, USSC No. 14-1096, cert. granted 6/29/15
Wisconsin State Public DefenderJune 29, 2015
Question presented:Whether a state offense constitutes an aggravated felony under 8 U.S.C. § 1101(a)(43), on the ground that the state offense is “described in” a specified federal statute, where the federal statute includes an interstate commerce element that the state offense lacks.Lower court opinion: Torres v. Holder, 764 F.3d 152 (2nd Cir. 2014)DocketScotusblog pageLast week we saw the decision in Johnson v. U.S., involving the “residual clause” of the Armed Career Criminal Act’s definition of a “violent felony,” which had defied consistent application by sentencing judges. Today the Court takes another case involving a question about the meaning of a federal statute that triggers certain consequences based on a person’s prior convictions.
Aggravated Felony of Tax Evasion and Deportation Consequences
Joslyn SmithJune 12, 2015
The INA sets forth a multi-part definition of the term “aggravated felony,” which applies to violations of federal and state law. 8 U.S.C. § 1101(a)(43).DISCUSSIONThe “aggravated felony” ground of deportability is found at 8 U.S.C. § 1227(a)(2)(A)(iii).
AMOS v. LYNCH, NO. 1633
University of South Carolina School of LawMeredith WeislerJune 10, 2015
Amos appealed, but the BIA denied Petitioner’s motion for reconsideration. The question on appeal was whether Petitioner’s conviction, under the former Maryland statute, qualifies as the aggravated felony of “sexual abuse of a minor,” within the meaning of 8 U.S.C § 1101(a)(43)(A). Petitioner contended that his Maryland conviction did not render him removable under 8 U.S.C § 1101(a)(43)(A), because “the conduct proscribed by the former Maryland statute is not encompassed within the generic federal offense of ‘sexual abuse of a minor.’
SCOTUS to decide if admission requirement applies to pre-IIRIRA convictions
University of Denver Sturm College of LawSeptember 27, 2011
The U.S. Supreme Court today agreed to hear a case asking whether the IIRIRA definition of “admission,” INA § 101(a)(13)(C)(v), applies to individuals who were convicted prior to IIRIRA’s enactment then left the United States after enactment. Vartelas v. Holder, No. 10-1211 (U.S. Sept. 27, 2011).The question presented, as described in the Solicitor General’s Brief in Opposition, states:In 1996, Congress amended 8 U.S.C. 1101(a)(13) to specify that those aliens seeking “admission” to the United States include lawful permanent resident aliens who are returning to the United States from travel abroad and who “ha[ve] committed an offense identified in [8 U.S.C.] 1182(a)(2).” 8 U.S.C. 1101(a)(13)(C)(v).
Breaking Down the New DOL and DHS H-1B Rules
LittlerJorge LopezNovember 24, 2020
See new 8 CFR 214.2(h)(4)(ii). Per 8 U.S.C. § 1101(a)(15)(H)(i)(b), only “intending employer[s]” may apply for H-1B nonimmigrant visas. For comparison, the U.S. Department of Labor’s elemental rule, long followed by the United States Citizenship and Immigration Services (USCIS) (since 1991) and adopted into the H-1B regulations, defines an employer as (1) a “person, firm, corporation, contractor, or other association or organization in the United States which suffers or permits a person to work in the United States” that (2) “may hire pay, fire, supervise or otherwise control the work of any such employee” and (3) which “has an IRS tax identification number.”
U.S. Agencies Agree to Share Information in New Enforcement Initiative Targeting H-1B and Immigrant Workers
LittlerJorge LopezAugust 6, 2020
The proclamation adds that “the Secretary of Labor shall also undertake, as appropriate, investigations pursuant to section 212(n)(2)(G)(i) of the INA (8 U.S.C. § 1182(n)(2)(G)(i)).” For background, this section provides the Secretary of Labor with the authority to investigate employers’ compliance with obligations regarding wages paid and working conditions associated with employees who hold H-1B visas (8 U.S.C. § 1101(a)(15)(H)(i)(b) (defining specialty occupation workers)), with attention to “an employer’s practices or employment conditions, or an employer’s compliance with the employer’s labor condition application.” The labor condition application is a precursor filing by the H-1B visa employer with the DOL that certifies working conditions and a minimum prevailing wage.There is authority for this review.
OJO v. LORETTA E. LYNCH, No. 15-1138
University of South Carolina School of LawAleia M. HornsbyJuly 11, 2017
On January 24, 2001, after Ojo had turned seventeen, the Circuit Court for Montgomery County, Maryland (the “Maryland state court”), entered a judgement for adoption. During Ojo’s twenties he was convicted of two drug-related offenses—either of which qualified as an “aggravated felony” under 8 U.S.C. § 1101(a)(43)(B). On May 6, 2013, in light of Ojo’s convictions, and alleging that Ojo had not derived citizenship as an adopted child under 8 U.S.C. § 1101(b)(1)(E), the Department of Homeland Security (“DHS”) charged Ojo with removability form the Unites States under 8 U.S.C. § 1227(a)(2)(A)(iii).
SCOTUS narrows category of “sexual abuse of minor” offenses that trigger deportation
Wisconsin State Public DefenderMay 31, 2017
One of the crimes listed as an aggravated felony is “sexual abuse of a minor.” 8 U.S.C. § 1101(a)(43)(A). In this case the Supreme Court holds that “in the context of statutory rape offenses that criminalize sexual intercourse based solely on the age of the participants, the generic federal definition of sexual abuse of a minor requires that the victim be younger than 16.”
Executive Order Suspends the Admission of Certain Immigrants and Nonimmigrants from Seven Countries and the U.S. Refugee Admissions Program
Akin Gump Strauss Hauer & Feld LLPSteven SchulmanJanuary 31, 2017
Under U.S. law, the term “immigrant” means “every alien except an alien who is within one of the [enumerated] classes of nonimmigrant aliens.” INA 101(a)(15), 8 U.S.C. 1101(a)(15). This encompasses non-citizens who intend to reside in the United States permanently, including lawful permanent residents (known as “green card holders” or LPRs).
