Mayorga v. Att’y Gen. of the U.S.

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Mayorga, a native of El Salvador, entered the U.S. as a teenager in 1988 because of the then on-going civil war in El Salvador. He applied for asylum in 1995, and has had work authorization since then. He married a U.S. citizen and has five children under the age of 15, all U.S. citizens. In 2010, Mayorga pled guilty to engaging in the unlicensed business of firearms dealing, 18 U.S.C. 922(a)(1)(A) and (a)(2), and was sentenced to 46 months in prison. When he was released, the Department of Homeland Security served Mayorga with notice of removal proceedings, alleging two grounds: under 8 U.S.C. 1182 (a)(6)(A)(i), as an alien present in the U.S. without having been admitted or paroled, and having been convicted of a crime involving moral turpitude (CIMT) under section 212(a)(2)(A)(i)(I). At his hearing Mayorga contested his removability for having been convicted of a CIMT and applied for cancellation of removal, voluntary departure, asylum, withholding of removal, and withholding of removal under the Convention Against Torture (CAT). The IJ denied each application, reasoning that if Mayorga’s crime was not categorically a crime involving moral turpitude, he would likely be ineligible for cancellation of removal under the “person of good moral character” requirement, 8 U.S.C. 1229b(b)(1)(B). The BIA upheld the decision. The Third Circuit reversed, holding that Mayorga would suffer a serious adverse consequence if his crime were found to be a categorical CIMT, and that his challenge was therefore justiciable. Mayorga’s crime was not categorically a CIMT.View "Mayorga v. Att'y Gen. of the U.S." on Justia Law