Confinement in a Substance Abuse Facility Equivalent to Term of Imprisonment

2/12/2016

Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015)

Respondent was convicted of aggravated assault under Section 22.02(a)(2) of the Texas Penal Code and as a condition of probation was sentenced to a term of confinement in a substance treatment facility. The BIA held that confinement in a treatment facility constituted a term of confinement under section 101(a)(48)(B) for purposes of determining if an offense is a crime of violence under section 101(a)(43)(F) of the Act

4 Comments

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1/20/2017 07:24:36 pm

I appreciate the post. "Confinement in a Substance Abuse Facility Equivalent to Term of Imprisonment" I was looking for this topic everywhere, glad finally got it. Matter of Calvillo Garcia appreciate it, thank you

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5/13/2017 04:36:11 pm

Only ten percent of people under the influence of drugs commit crimes. I think it is safe to say that we should focus more on the state of everyone's psychiatric health rather than the effects of "pain killers". All these drugs are merely just pain killers that some people who have low tolerance for pain need badly. I think we should do more research on how traumatic experiences and terrible parenting can be the root cause of all criminal activity.

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2/19/2017 02:57:28 pm

My uncle was arrested and jailed for assaulting my aunt. He is my family, but for me, he deserved it. My aunt found her new husband now and I can see that she's happier than before. I can see that my uncle still loves his ex-wife and I pity him for that. If only he realized that we he did is cruel, he will not end up alone. I still believe and hope that he can find a new family.

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8/7/2017 02:46:33 am

We need to take care of the facilities that we are in. It was built through hard work and sweat of the construction workers. We need to take responsibility of the things we use. Our facilities, machines, or any technological advances that we use. It is our prime objective to maintain its operation because it helps through our daily choirs. We are accounted of these things and we may be charged by it so we better take care of it or suffer the consequences if not.

Confinement in a Substance Abuse Facility Equivalent to Term of Imprisonment

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