Mateo v. Attorney General United States

Mateo, a 21-year-old citizen of the Dominican Republic, was admitted to the U.S. in 2010 as a lawful permanent resident. In 2013, he pleaded guilty to the felony charge of criminal conspiracy for an underlying offense Robbery of a Motor Vehicle. A “person commits a felony of the first degree if he steals or takes a motor vehicle from another person in the presence of that person or any other person in lawful possession of the motor vehicle.” Mateo was charged as removable as an alien convicted of an aggravated felony under 8 U.S.C. 1227(a)(2)(A). DHS stated that his conviction constituted an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii), and was a “crime of violence” as defined in 8 U.S.C. 1101(a)(43)(F), which incorporates 18 U.S.C. 16, which defines “crime of violence” as (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. The Third Circuit vacated Mateo’s removal order, holding that, in light of the Supreme Court’s decision in Johnson v. United States (2015), section 16(b), as incorporated, is unconstitutionally vague. View "Mateo v. Attorney General United States" on Justia Law