The various grounds for removal by the immigration court. Knowing whether an alien should be placed in 212 or 237 proceedings is important. It is also important to know what method of anaylsis is needed when a crime involving moral turpitude may result in removal.
1. Answer this multi-part question in this Forum:
Joe Alien entered and was admitted to the United States on a nonimmigrant visitor visa. After six months, his visa expired. However, Joe did not depart the United States and remained in the United States well past his nonimmigrant visa status. Within 3 months of being in the U.S., Joe was convicted of misdemeanor shoplifting and spent 15 days in jail.
Assume for purposes of this question that the maximum sentence that could be imposed for shoplifting is one (1) year. Also assume that the crime of shoplifting is based on Arizona Revised Statute §13-805, which defines shoplifting as:
"A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by:
1. Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or
2. Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or
3. Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or
4. Transferring the goods from one container to another; or
5. Concealment."
Based on the above facts, answer the following questions, with explanation and analysis:
1. Is Joe is "removable" under §237 because he was admitted to the United States by immigration officials, but let his status lapse?
2. Is Joe's conviction a crime involving moral turpitude under §237?
3. Is Joe "inadmissible" under §212 because his visa lapsed and he remained in the United States illegally?
4. Is Joe's conviction a crime involving moral turpitude under §212?
Analyze the questions under both sections 212 and 237 of the INA. Joe should either be in 212 or 237 proceedings, but do the analysis for both and explain your answers.