Herrera-Ramirez v. Sessions

Herrera-Ramirez is a citizen of Mexico but has lived in the U.S. since she was six years old. She is married and has four U.S.-citizen children. She was at a Milwaukee bar when her friends got into a fight with other patrons. Herrera-Ramirez ushered her friends out of the bar and into her car, intending to leave. At the request of her friend, she drove past the other patrons who were standing outside the bar. Her passenger shot two of the bystanders. After the shooting, Herrera-Ramirez did not contact the police. The police found her, arrested her, and found the gun in her car. She was convicted of first-degree reckless injury and sentenced to 11 months in prison. An IJ and the BIA found that her offense was a “particularly serious crime” and that she was ineligible for withholding of removal (the only possible relief). The Seventh Circuit dismissed her petition for review from that determination for lack of jurisdiction; a court may not second-guess the Board’s decision that a crime is “particularly serious” under 8 U.S.C. 1252(a)(2)(B)(ii), unless the petitioner has raised a question of law. Herrera-Ramirez was disputing only the Board’s discretionary characterization of her offense. View "Herrera-Ramirez v. Sessions" on Justia Law