Lima v. Holder

Petitioner, a native and citizen of Brazil, was charged with removability for being convicted, after his admission into the United States, of two crimes involving moral turpitude. The crimes were committed in 2009 and 2011. During a hearing before an Immigration Judge (IJ) Petitioner’s attorney admitted that Petitioner was removable as charged. Petitioner proceeded to collaterally attack his previous two convictions and succeeded in securing a new trial with respect to his 2011 conviction. Petitioner was subsequently charged with removability on the basis of his 2009 conviction for having been convicted of a single crime involving moral turpitude. Petitioner denied that he was removable and challenged his removability on grounds that his 2009 conviction was not for a crime involving moral turpitude. The IJ found Petitioner removable, and the Board of Immigration Appeals (BIA) affirmed, noting that Petitioner’s prior counsel had already conceded that both the 2009 and 2011 convictions were for crimes involving moral turpitude, rendering Petitioner removable. The First Circuit denied Petitioner’s petition for review, holding that the BIA did not abuse its discretion in holding Petitioner to his attorneys’ concessions of removability and in determining that Petitioner was removable based upon his 2009 conviction. View "Lima v. Holder" on Justia Law