Immigration Lawyer Magdalena Cuprys of the law firm Cuprys and Associates announced today that the Board of Immigration Appeals ruled in her client’s favor regarding a removal (deportation) proceeding. On appeal, citing Matter of Serna, the Board finds that mere possession of an altered immigration document, without intent to use it unlawfully, is not a “crime of moral turpitude.” The Board therefore reversed the Immigration Judge’s determination that the person should be sent back to Mexico on those grounds.
Ms. Cuprys had sought a so-called “cancellation of removal” for her client L.R. (originally from Mexico) under Section 240A(b) of the Immigration and Nationality Act, which is a relief that allows a person who does not have legal status to remain here if he or she has been here for 10 years, has not committed serious crimes, and if removing him or her from the country would be a hardship for U.S. citizens or permanent residents such as children or other close relatives.
In the initial proceedings, the Immigration Judge found that L.R.’s possession of a fraudulent I-94 (a document that shows the authorized stay of a foreign person in the U.S.) was a “crime involving moral turpitude.” The Board of Immigration Appeals notes that “crime involving moral turpitude” is a class of offenses involving reprehensible conduct committed with a culpable mental state.
The Board of Immigration Appeals explains: “In Matter of Serna, … we held that a conviction under 18 U.S.C. 1546 (1982) for possession of an altered immigration document with knowledge that it was altered, but without its use or proof of any intent to use it unlawfully, is not a conviction for a crime involving moral turpitude.” Here, L.R. pled guilty to possessing the document, but there is no indication that he intended to use it unlawfully. Thus, the Board reverses the Immigration Judge’s finding that L.R. is removable, and remands for further proceedings.
Ms. Cuprys is a recognized immigration attorney based in Florida but represents clients not only in the United States but from outside of the U.S. as well. One of the firm’s experience that they provide is the representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals.
Ms. Cuprys stated “we are pleased with today’s ruling for my client. Some of the immigration case we see are very difficult because of the ever changing government policies, therefore the Department of Justice needs to act quickly to issue guidance on these issues. Otherwise, courts will be inundated with motions swamping a court system that is already facing a backlog. However, as promised, my law firm and I are committed to providing our clients with every available resource that is available to us.”
Magdalena Cuprys received her Juris Doctor from the University of Washington School of Law. Before law school, she completed two bachelor’s degrees, one in Political Science and one in Latin American Studies, at the University of Chicago. (AB Degrees Political Science & Latin American Studies from the University of Chicago).
Magdalena Cuprys is the principal attorney of Serving Immigrants (Cuprys & Associates), a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Ms. Cuprys’ website is www.servingimmigrants.com. She is a member of the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169. Her professional LinkedIn profile is at https://www.linkedin.com/in/magdalena-cuprys-265534a/