Mr. Robert Bautista, a native of Dominican Republic and a lawful permanent resident since August 1984 was convicted in New York in 2003 of an attempted arson in the 3rd degree and was given 5 years of probation. Despite being a permanent resident and legal for the past 27 years, the BIA determined that he was an aggravated felon and thus not eligible for relief under section 101(a)(43)(E) which requires 5 years as a lawful permanent resident and 7 years residency.
According to the BIA attempted arson in the third degree in violation of sections 110 and150.10 of the New York Penal Law is an aggravated felony under section 101 (a)(43)(E)(i) of the Immigration and Nationality Act, 8U.S.C. §1101(a)(43)(E)(i) (2006), even though the State crime lacks the jurisdictional element in the applicable Federal arson offense. Matter of Vasquez-Muniz, 23I&N Dec. 207 (BIA 2002), followed.” Matter of BAUTISTA, ID 3730, 25 I&N Dec. 616 (BIA 2011), Oct. 13, 2011
Danielle Beach-Oswald is the current President and Managing Partner of Beach-Oswald Immigration Law Associates in Washington, DC. Ms. Beach utilizes her 19 years of experience in immigration law to help individuals immigrate to the United States for humanitarian reasons. Born in Brussels, Belgium, Ms. Beach has lived in England, Belgium, Italy and Ivory Coast and has traveled extensively to many countries. Ms. Beach advocates for clients from around the world who seek freedom from torture in their country, or who are victims of domestic violence and trafficking. She has also represented her clients at U.S. Consulates in Romania, China, Canada, Mexico, and several African countries. With her extensive experience in family-based and employment-based immigration law Ms. Beach not only assists her clients in obtaining a better standard of living in the United States, she also helps employers obtain professional visas, and petitions for family members. She also handles many complex naturalization issues. Ms. Beach has unique expertise representing clients in immigration matters pending before the Federal District Courts, Circuit Courts, Board of Immigration Appeals and Immigration Courts. She has won over 400 humanitarian cases in the United States. Her firm's website is www.boilapc.com.