Ildefonso-Candelario v. Attorney General United States

Ildefonso-Candelario, a citizen of Mexico, entered the U.S. unlawfully, allegedly in 1996. In 2015, he pled guilty in Pennsylvania state court to a misdemeanor count of obstructing the administration of law or other governmental function. Immigration and Customs Enforcement took Ildefonso-Candelario into custody, charging him with being removable as an alien present without admission or parole, 8 U.S.C. 1182(a)(6)(A)(i). At his first hearing, Ildefonso-Candelario stated his intention to seek cancellation of removal. Counsel for ICE suggested that Ildefonso-Candelario’s prior conviction might qualify as a crime involving moral turpitude, which would render him statutorily ineligible for cancellation of removal, 8 U.S.C. 1229b(b)(1)(C). The Immigration Judge issued an initial holding that the offense was “categorically” a crime involving moral turpitude. ICE added a charge of removability for committing a crime involving moral turpitude. The Immigration Judge then ordered Ildefonso-Candelario removed to Mexico. A single member of the BIA upheld the ruling “[f]or the reasons given by the Immigration Judge.” The Third Circuit remanded to the BIA, holding hold that 18 Pa. Cons. Stat. 5101 is not categorically a crime involving moral turpitude. The offense encompasses non-fraudulent as well as fraudulent conduct, such as obstruction by “physical interference or obstacle.” View "Ildefonso-Candelario v. Attorney General United States" on Justia Law