4th Circ. Says Entry Conviction Doomed Moral Character Bid

Law360, New York (March 4, 2015, 8:31 PM EST) -- The Fourth Circuit on Tuesday ruled that a conviction for illegally entering the country, if the resulting jail term is long enough, can prevent an immigrant from stopping his removal, rejecting a Mexican national’s claims that the idea was "absurd."

A three-judge panel in a published decision dismissed in part and denied in part an appeal from defendant Rafael Tiscareno-Garcia, who was sentenced to 181 days in jail after pleading guilty to illegally entering the country in 2011.

The appeal largely challenged the lower court’s decision to stick to a federal statute, which says that a jail sentence of 180 days...

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