Aggravated Felonies

(D)  Independent Deportation Ground.  Conviction under 18 U.S.C. § 1546 is also a ground of deportation regardless of the sentence imposed, under a deportation ground independent of the aggravated felony deportation ground, if the offense relates to “fraud and misuse of visas, permits and other entry documents.”[225]  This has been held not to include offenses involving a green card, as it is not primarily a visa or entry document.[226] 

[225] INA § 237(a)(3)(B)(iii), 8 U.S.C. § 1227(a)(3)(B)(iii), discussed at ILRC § 6.8 (2004).

[226] The BIA in an unpublished case followed a Supreme Court case making this distinction.  See Matter of VG, A92 593 325 (Mar. 22, 1999), citing United States v. Campos-Serrano, 404 U.S. 293, 271 (1971).  For a copy of the unpublished BIA decision, contact the National Lawyers Guild National Immigration Project at http://www.nationalimmigrationproject.org or 617-227-9727.  See discussion at ILRC § 6.8 (2004).