Board of Immigration Appeals decision: Matter of Raul CARRILLO, 25 I&N Dec. 99 (BIA 2009)

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 Cuba who initially came to the United States and was paroled into the country on March 4, 1999. He obtained his Green Card on January 30, 2001, through the Cuban Refugee Adjustment Act.

 

On June 6, 2005, Mr. Carrillo was convicted on four counts of grand theft, third degree, in the State of Florida.  His conviction is a crime involving moral turpitude that would render him deportable if it occurred within five years of his lawful admission to the United States. 

 

The issue argued at trial was whether the conviction occurred less than five years after Mr. Carrillo's admission into the United States.  Mr. Carrillo's lawyer argued that the effective date of his admission to the United States was March 4, 1999, the date of his parole, rather than January 30, 2001, the date on which he was granted a Green Card through adjustment of status as a result of the “rollback” provision of the Cuban Adjustment Act.

 

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 United States, and not the date of his adjustment. 

 

Mr. Carrillo owes a debt of gratitude to his lawyer, Keith C. Williams, Esquire, Naples, Florida.  Great Job Mr. Williams! Now we can only hope that Mr. Carrillo won’t stand before another Judge in the United States again.

 

Matthew Kolken, Esq.

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What an interesting case. Kudos to him for pursuing the appeal, as many may have quit after they were rejected. Now, as mentioned, let's hope he remains a law abiding citizen, or even an appeal will not be enough to save him.