The Board of Immigration Appeals has just ruled in Matter of Raul CARRILLO, 25 I&N Dec. 99 (BIA 2009) that in determining whether an alien whose status was adjusted pursuant to section 1 of the Cuban Refugee Adjustment Act of November 1, 1966, Pub. L. No. 89-732, 80 Stat. 1161, is removable as an alien who has been convicted of a crime involving moral turpitude committed within 5 years after the alien’s “date of admission,” the admission date is calculated according to the rollback provision of section 1, rather than the date adjustment of status was granted.
The case involves a Green Card holder from
On June 6, 2005, Mr. Carrillo was convicted on four counts of grand theft, third degree, in the State of
The issue argued at trial was whether the conviction occurred less than five years after Mr. Carrillo's admission into the
The Immigration Judge didn’t buy the argument and ordered Mr. Carrillo’s removal. Mr. Carrillo appealed, and the Board overruled the Immigration Court finding that under the Cuban Adjustment Act the “date of admission” is calculated from the date of parole into the
Mr. Carrillo owes a debt of gratitude to his lawyer, Keith C. Williams, Esquire,
Matthew Kolken, Esq.