INA §237(a)(6): Unlawful Voting and Matter of Fitzpatrick
INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. This page addresses the elements, proof, defenses, and related removal consequences.
INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense.
Core Rule
Fitzpatrick voting charge analysis starts with core rule. Fitzpatrick voting charge controlling rule is: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Statutory Language
Fitzpatrick voting charge analysis starts with statutory language. Fitzpatrick voting charge controlling rule is: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Elements
Fitzpatrick voting charge analysis starts with elements. Fitzpatrick voting charge controlling rule is: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
DHS Burden
Fitzpatrick voting charge analysis starts with dhs burden. Fitzpatrick voting charge controlling rule is: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Respondent Evidence
Fitzpatrick voting charge analysis starts with respondent evidence. Fitzpatrick voting charge controlling rule is: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Timing
Fitzpatrick voting charge analysis starts with timing. Fitzpatrick voting charge controlling rule is: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Documents and Records
Fitzpatrick voting charge analysis starts with documents and records. Fitzpatrick voting charge controlling rule is: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Knowledge or Intent
Fitzpatrick voting charge analysis starts with knowledge or intent. Fitzpatrick voting charge controlling rule is: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Exceptions or Waivers
Fitzpatrick voting charge analysis starts with exceptions or waivers. Fitzpatrick voting charge controlling rule is: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Related Removal Grounds
Fitzpatrick voting charge analysis starts with related removal grounds. Fitzpatrick voting charge controlling rule is: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Relief Consequences
Fitzpatrick voting charge analysis starts with relief consequences. Fitzpatrick voting charge controlling rule is: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Litigation Strategy
Fitzpatrick voting charge analysis starts with litigation strategy. Fitzpatrick voting charge controlling rule is: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Immigration Judge Findings
Fitzpatrick voting charge analysis starts with immigration judge findings. Fitzpatrick voting charge controlling rule is: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
BIA Preservation
Fitzpatrick voting charge analysis starts with bia preservation. Fitzpatrick voting charge controlling rule is: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Practitioner Checklist
Fitzpatrick voting charge analysis starts with practitioner checklist. Fitzpatrick voting charge controlling rule is: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge record identifies the charged clause. Fitzpatrick voting charge record isolates disputed factual allegations. Fitzpatrick voting charge briefing separates law from inference. Fitzpatrick voting charge briefing requests a threshold ruling.
Fitzpatrick voting charge proof uses primary government records. Fitzpatrick voting charge additional rule is: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge proof identifies the relevant date. Fitzpatrick voting charge proof identifies the relevant person. Fitzpatrick voting charge proof identifies the controlling document. Fitzpatrick voting charge proof answers competing evidence directly.
Fitzpatrick voting charge litigation keeps the burden explicit. Fitzpatrick voting charge preservation rule is: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge litigation distinguishes fact from law. Fitzpatrick voting charge litigation requests element-specific findings. Fitzpatrick voting charge litigation preserves evidentiary objections promptly. Fitzpatrick voting charge litigation records DHS's stated theory.
Fitzpatrick voting charge consequences remain separate from relief. Fitzpatrick voting charge consequences identify statutory exceptions. Fitzpatrick voting charge consequences identify available waivers. Fitzpatrick voting charge consequences develop discretion only when relevant. Fitzpatrick voting charge consequences require a reasoned decision. Fitzpatrick voting charge consequences preserve later appellate review.
Charge Construction
Fitzpatrick voting charge charge construction focuses on page-specific proof. Fitzpatrick voting charge charge construction applies this proposition: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge charge construction identifies the strongest primary record. Fitzpatrick voting charge charge construction identifies the weakest DHS inference.
Fitzpatrick voting charge charge construction states the respondent's competing account. Fitzpatrick voting charge charge construction tests any statutory timing requirement. Fitzpatrick voting charge charge construction tests any knowledge requirement. Fitzpatrick voting charge charge construction tests any qualifying relationship.
Fitzpatrick voting charge charge construction identifies any independent removal charge. Fitzpatrick voting charge charge construction identifies any remaining form of relief. Fitzpatrick voting charge charge construction requests an element-by-element ruling. Fitzpatrick voting charge charge construction preserves the result for review.
Primary Proof
Fitzpatrick voting charge primary proof focuses on page-specific proof. Fitzpatrick voting charge primary proof applies this proposition: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge primary proof identifies the strongest primary record. Fitzpatrick voting charge primary proof identifies the weakest DHS inference.
Fitzpatrick voting charge primary proof states the respondent's competing account. Fitzpatrick voting charge primary proof tests any statutory timing requirement. Fitzpatrick voting charge primary proof tests any knowledge requirement. Fitzpatrick voting charge primary proof tests any qualifying relationship.
Fitzpatrick voting charge primary proof identifies any independent removal charge. Fitzpatrick voting charge primary proof identifies any remaining form of relief. Fitzpatrick voting charge primary proof requests an element-by-element ruling. Fitzpatrick voting charge primary proof preserves the result for review.
Alternative Theory
Fitzpatrick voting charge alternative theory focuses on page-specific proof. Fitzpatrick voting charge alternative theory applies this proposition: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge alternative theory identifies the strongest primary record. Fitzpatrick voting charge alternative theory identifies the weakest DHS inference.
Fitzpatrick voting charge alternative theory states the respondent's competing account. Fitzpatrick voting charge alternative theory tests any statutory timing requirement. Fitzpatrick voting charge alternative theory tests any knowledge requirement. Fitzpatrick voting charge alternative theory tests any qualifying relationship.
Fitzpatrick voting charge alternative theory identifies any independent removal charge. Fitzpatrick voting charge alternative theory identifies any remaining form of relief. Fitzpatrick voting charge alternative theory requests an element-by-element ruling. Fitzpatrick voting charge alternative theory preserves the result for review.
Exception Record
Fitzpatrick voting charge exception record focuses on page-specific proof. Fitzpatrick voting charge exception record applies this proposition: The statutory citizen-parent reasonable-belief exception should be analyzed separately when its elements are plausibly raised. Fitzpatrick voting charge exception record identifies the strongest primary record. Fitzpatrick voting charge exception record identifies the weakest DHS inference.
Fitzpatrick voting charge exception record states the respondent's competing account. Fitzpatrick voting charge exception record tests any statutory timing requirement. Fitzpatrick voting charge exception record tests any knowledge requirement. Fitzpatrick voting charge exception record tests any qualifying relationship.
Fitzpatrick voting charge exception record identifies any independent removal charge. Fitzpatrick voting charge exception record identifies any remaining form of relief. Fitzpatrick voting charge exception record requests an element-by-element ruling. Fitzpatrick voting charge exception record preserves the result for review.
Relief Interface
Fitzpatrick voting charge relief interface focuses on page-specific proof. Fitzpatrick voting charge relief interface applies this proposition: INA §237(a)(6)(A) makes deportable a person who has voted in violation of a Federal, State, or local voting law. Fitzpatrick voting charge relief interface identifies the strongest primary record. Fitzpatrick voting charge relief interface identifies the weakest DHS inference.
Fitzpatrick voting charge relief interface states the respondent's competing account. Fitzpatrick voting charge relief interface tests any statutory timing requirement. Fitzpatrick voting charge relief interface tests any knowledge requirement. Fitzpatrick voting charge relief interface tests any qualifying relationship.
Fitzpatrick voting charge relief interface identifies any independent removal charge. Fitzpatrick voting charge relief interface identifies any remaining form of relief. Fitzpatrick voting charge relief interface requests an element-by-element ruling. Fitzpatrick voting charge relief interface preserves the result for review.
Cross Examination Plan
Fitzpatrick voting charge cross examination plan focuses on page-specific proof. Fitzpatrick voting charge cross examination plan applies this proposition: Matter of Fitzpatrick holds that voting in a covered federal election in violation of 18 U.S.C. §611(a) establishes removability under this ground. Fitzpatrick voting charge cross examination plan identifies the strongest primary record. Fitzpatrick voting charge cross examination plan identifies the weakest DHS inference.
Fitzpatrick voting charge cross examination plan states the respondent's competing account. Fitzpatrick voting charge cross examination plan tests any statutory timing requirement. Fitzpatrick voting charge cross examination plan tests any knowledge requirement. Fitzpatrick voting charge cross examination plan tests any qualifying relationship.
Fitzpatrick voting charge cross examination plan identifies any independent removal charge. Fitzpatrick voting charge cross examination plan identifies any remaining form of relief. Fitzpatrick voting charge cross examination plan requests an element-by-element ruling. Fitzpatrick voting charge cross examination plan preserves the result for review.
Decision Drafting
Fitzpatrick voting charge decision drafting focuses on page-specific proof. Fitzpatrick voting charge decision drafting applies this proposition: For §611(a), the Board held that DHS need not prove the respondent knew that voting was unlawful because the federal statute is a general-intent offense. Fitzpatrick voting charge decision drafting identifies the strongest primary record. Fitzpatrick voting charge decision drafting identifies the weakest DHS inference.
Fitzpatrick voting charge decision drafting states the respondent's competing account. Fitzpatrick voting charge decision drafting tests any statutory timing requirement. Fitzpatrick voting charge decision drafting tests any knowledge requirement. Fitzpatrick voting charge decision drafting tests any qualifying relationship.
Fitzpatrick voting charge decision drafting identifies any independent removal charge. Fitzpatrick voting charge decision drafting identifies any remaining form of relief. Fitzpatrick voting charge decision drafting requests an element-by-element ruling. Fitzpatrick voting charge decision drafting preserves the result for review.
Review Record
Fitzpatrick voting charge review record focuses on page-specific proof. Fitzpatrick voting charge review record applies this proposition: The immigration charge still depends on proof that the respondent actually violated an identified underlying voting law. Fitzpatrick voting charge review record identifies the strongest primary record. Fitzpatrick voting charge review record identifies the weakest DHS inference.
Fitzpatrick voting charge review record states the respondent's competing account. Fitzpatrick voting charge review record tests any statutory timing requirement. Fitzpatrick voting charge review record tests any knowledge requirement. Fitzpatrick voting charge review record tests any qualifying relationship.
Fitzpatrick voting charge review record identifies any independent removal charge. Fitzpatrick voting charge review record identifies any remaining form of relief. Fitzpatrick voting charge review record requests an element-by-element ruling. Fitzpatrick voting charge review record preserves the result for review.
Primary Legal Authorities and Sources
- Matter of Fitzpatrick, 26 I&N Dec. 559 (BIA 2015) BIA precedent holding that voting in violation of 18 U.S.C. §611(a) can establish INA §237(a)(6) removability.
- 18 U.S.C. §611 — Voting by Aliens Federal prohibition on alien voting in covered federal elections, subject to statutory exceptions.
- 8 U.S.C. §1227 — Deportable Aliens Current INA §237 deportability grounds.
- 8 U.S.C. §1229a — Removal Proceedings Current removal-proceeding burdens and hearing provisions.
- 8 C.F.R. §1240.8 — Burdens of Proof Current burden-of-proof regulation in removal proceedings.
- 8 C.F.R. §1240.10 — Hearing Current removal-hearing procedure and advisal regulation.
Frequently Asked Questions
What is the main rule for INA 237(a)(6) unlawful voting Matter of Fitzpatrick?
Does INA 237(a)(6) unlawful voting Matter of Fitzpatrick require a criminal conviction?
What burden applies to INA 237(a)(6) unlawful voting Matter of Fitzpatrick?
Can there be an exception or waiver for INA 237(a)(6) unlawful voting Matter of Fitzpatrick?
What evidence is most important for INA 237(a)(6) unlawful voting Matter of Fitzpatrick?
How should INA 237(a)(6) unlawful voting Matter of Fitzpatrick be preserved for appeal?
Related INA237.com Guides
Need Help With a Removal Case?
If you have an NTA, immigration court notice, USCIS denial, ICE document, or criminal record relevant to possible removability, keep a complete copy available for review.
Request a Consultation