Criminal-Immigration Consequences

GUEVARA-SOLORZANO v. SESSIONS

Holding that (1) Petitioner's Tennessee conviction for unlawful possession of marijuana with intent to distribute, in violation of Tenn. Code § 39-17-417, constitutes both an aggravated felony and a crime involving moral turpitude (CIMT) and Court thus lacked jurisdiction to review BIA's denial of Petitioner's motion to reopen, (2) Petitioner was ineligible for § 212(c) waiver because one of the CIMT convictions that rendered him removable occurred after the repeal of § 212(c), and (3) Petitioner was ineligible for cancellation of removal for LPRs due to aggravated felony conviction.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
Aggravated Felony
CIMT
Other Relief
LPR Cancellation
Motions to Reopen/Reconsider
Procedural
Jurisdiction
Case Judge
Niemeyer
King
Brinkema*

THOMPSON v. BARR

Holding that taking custodial indecent liberties with a child under Va. Code § 18.2-370.1(A) constitutes a "sexual abuse of a minor" aggravated felony. 

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
Aggravated Felony
Case Judge
Wilkinson
Keenan
Richardson

ROMERO v. BARR

Holding that because Petitioner's record of conviction was inconclusive as to whether his 1985 conviction for “sell[ing]/furnish[ing]/etc. marijuana, hash” in violation of Cal. Health & Safety Code § 11360(a) (West 1975) constituted an aggravated felony, he failed to establish eligibility for special rule cancellation of removal under NACARA.  

Date of Decision
Publication Status
Unpublished
Case Categories
Criminal-Immigration Consequences
Aggravated Felony
Other Relief
NACARA
Case Judge
Wilkinson
King
Traxler

CABRERA v. BARR

Holding that (1) Petitioner exhausted his administrative remedies because the BIA had ruled definitively on the sole issue raised in the petition for review, and (2) the Virginia offense of participating in criminal street gang activity, in violation of Va. Code § 18.2-46.2(A), is not categorically a crime involving moral turpitude.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
CIMT
Procedural
Jurisdiction
Case Judge
Agee
Harris
Motz

CRUZ-QUINTANILLA v. WHITAKER

Holding that (1) because the Petitioner was removable based on his commission of an aggravated felony or specific firearm offense, whether Petitioner established, for CAT relief, that the government would acquiesce in his torture is a mixed question of law and fact that falls outside of the Fourth Circuit's jurisdiction and (2) the Immigration Judge’s determination that Petitioner failed to establish government acquiescence is subject to de novo review by the BIA.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
Aggravated Felony
Other
Fear-Based Relief
CAT Relief
Procedural
Jurisdiction
Standards of Review
Case Judge
Motz
Keenan
Harris

SANMARTIN PRADO v. WHITAKER

Upholding the Board of Immigration Appeals’ finding that Maryland second-degree child abuse pursuant to Md. Code Ann., Crim. Law § 3-601(a)(2), (d) is categorically a crime of child abuse, child neglect, or child abandonment under 8 U.S.C. § 1227(a)(2)(E)(i).

Date of Decision
Publication Status
Unpublished
Case Categories
Criminal-Immigration Consequences
Other
Case Judge
Gregory
Keenan
Harris

GUZMAN GONZALES v. SESSIONS

Holding that the imposition of $100 in court costs, assessed attendant to a prayer for judgment continued under North Carolina law, does not qualify as a penalty or punishment to constitute a “conviction” within the meaning of the Immigration and Naturalization Act under 8 U.S.C. § 1101(a)(48)(A) and thus, Petitioner was not statutorily barred from cancellation of removal for nonpermanent residents.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
Other
Other Relief
Non-LPR Cancellation
Case Judge
Floyd
Harris
Wynn

MARTINEZ v. SESSIONS

Holding that Maryland consolidated theft, Md. Code Ann., Crim. Law § 7-104, is not a crime involving moral turpitude (CIMT) because it punishes de minimis, or minor, takings and is indivisible.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
CIMT
Case Judge
Niemeyer
Traxler
Keenan