Igor malenko summary of deportation status
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Igor malenko summary of deportation status Document Transcript

  • 1. Summary of Deportation Status forIgor MalenkoSSN: 004-08-622Home Address: 396 Preble Street Apt 2, S. Portland, Maine 04106Employer: IDEXX Westbrook, MaineCrimes of Moral Turpitude (CMT)Igor Malenko has committed 4 court documented CMTs in his first 4 years in theUS, with the sex abuse of his child a possible fifth. These are all:(1) Shoplifting with child. Arrest and guilty plea. (2010).(2) NOLO CONTENDE to Domestic Abuse Protection Order for wife andchild. On Temporary Green Card. (2009). Restrictions on liberties included nogun ownership, supervised visits only with his child for 3 hours per week, passporttaken by court.(3) Domestic Abuse Protection Order for wife and child upheld. OnTemporary Green Card. (2009). Second court order with supervised visits of childand other restrictions remaining in place.(4) Domestic Assault of wife child witness. On Temporary Green Card. (2007)Arrest. Police record. 1 year court filing for assault placing restrictions on liberties.(5) Failure to pay child support. Temporary and Permanent Green Card.(2008-2010). Documented by DHHS and 2 court orders. Over $5,000 in backsupport making it a Federal Offense.(6) Sex Abuse of 2-3 year old daughter. (2009-2010). This may be admissiblewith the PFA Court Transcript. Dr. Ricci, Director of Spurwink Sexual AbuseProgram, testified extensively and strongly recommended supervised contact only.This adds to the "weight" and "extend" of CMTs.(7) Two Convictions for Driving UnAuthorized Vechile (1/22/2009 &7/03/2010—no valid inspection sticker. Also committed with child in the car.
  • 2. FraudIgor Malenko committed extensive fraud both on his original application and in hisinterview for permanent green card.(1) The dates he lists on his application for his Yugoslav Military Service (JNA) are not his service dates. May have been a participant in war crimes during the siege of Dubrovnik based on the Ministry of Defense (MOD) records released upon request by US Embassy in Macedonia.(2) Failed to list on his application CMT of nearly killing another child at 16 years old (US Embassy helped obtain court documents) and psychiatric discharge from the JNA.(3) Interview for his permanent green card. Probable fraud about two CMTs committed while on a temporary green card (domestic assault on wife—child witnessing and nolo contende to domestic abuse for wife and child). Went for interview alone, as his wife had filed a Protection Order for Abuse on behalf of herself and their 2 year old daughter. He was married to his wife (his sponsor) for less than 2 years.Conviction for Immigration Purposes- The INA provides: (A) The term“conviction” means, with respect to an alien, a formal judgment of guilt of the alien entered by acourt or, if adjudication of guilt has been withheld, where— (i) a judge or jury has found thealien guilty or the alien has entered a plea of guilty or nolo contendere or has admittedsufficient facts to warrant a finding of guilt, and (ii) the judge has ordered a form ofpunishment, penalty, or restraint on the alien’s liberty to be imposed.§ 1227. Deportable aliens (Title 8 Chap 12) (2) Criminal offenses -(A) General crimes- (i) Crimes of moral turpitude Any alien who (I)is convicted of a crime involving moral turpitude committed within five years (or 10 years in thecase of an alien provided lawful permanent resident status under section 1255 (j) of this title)after the date of admission, and (II) is convicted of a crime for which a sentence of one year orlonger may be imposed, is deportable. (ii) Multiple criminal convictions Any alien who atany time after admission is convicted of two or more crimes involving moral turpitude, notarising out of a single scheme of criminal misconduct, regardless of whether confinedtherefor and regardless of whether the convictions were in a single trial, is deportable.(iii) Aggravated felony Any alien who is convicted of an aggravated felony at any time afteradmission is deportable. (E) Crimes of domestic violence, stalking, or violation of protectionorder, crimes against children and (i) Domestic violence, stalking, and child abuse Any alienwho at any time after admission is convicted of a crime of domestic violence, a crime of stalking,or a crime of child abuse, child neglect, or child abandonment is deportable. ###