Uttering Forged Instrument – an Aggravated Felony and CIMT in the Eleventh Circuit

The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible or removable (deportable) under certain circumstances. For example, convictions of Crimes Involving Moral Turpitude (CIMTs) may lead to an individual being found to be inadmissible or removable, with a limited possibility of applying for a waiver or relief from removal. Additionally, certain serious criminal offenses are referred to as “aggravated felonies” and carry even more severe immigration consequences than CIMTs for foreign nationals seeking permanent residence, citizenship, asylum or relief from removal.

On April 21, 2015, the United States Court of Appeals for the Eleventh Circuit issued a published decision, in Walker v. Holder, No. 14-12814 (11th Cir. 2015), holding that uttering a forged instrument under Florida Statute § 831.02 constitutes an aggravated felony as well as a crime involving moral turpitude. Walker is binding precedent in the Eleventh Circuit, which covers three states: Alabama, Florida and Georgia.

Learn what this ruling means and how it can affect immigration status on our Immigration Blog.