Barma v. Holder., No. 09-4135 (7th Cir. 2011)
Annotate this CaseThe defendant entered the U.S. from Canada under a six-month visitor visa and stayed more than half of his life. He was convicted of possession of drug paraphernalia, criminal damage to property, theft under $2,500, and lewd and lascivious conduct under Wisconsin law. The immigration judge held that he was subject to removal. The Board of Immigration Appeals and the Seventh Circuit agreed. Removal for staying longer than permitted by visa can be cancelled under 8 U.S.C. 1229b if an alien has been present for 10 continuous years, has been a person of good moral character, has not been convicted of specific offenses including crimes of moral turpitude, and removal would work a hardship for a parent, child, or spouse who is a citizen or legal permanent resident. A waiver available for convictions relating to petty offenses does not apply to a conviction for possession of drug paraphernalia; offenses relating to controlled substances are crimes of moral turpitude.
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