Guevara-Solorzano v. Sessions

Petitioner challenged the Board's determination that he was subject to removal as an alien who has been convicted of two crimes involving moral turpitude (CIMT) pursuant to 8 U.S.C. 1227(a)(2)(A)(ii), and that he was ineligible for a waiver of removal under former INA 212(c). The Fourth Circuit held that petitioner's 1995 conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a CIMT. Therefore, the court did not have jurisdiction to review petitioner's challenges to the BIA's decision, except to the extent they raised constitutional or legal issues. The court also held that petitioner was ineligible for relief under former INA 212(c) because his convictions in 2000 for felony larceny and felony breaking and entering constitute convictions of CIMTs that were not waivable under section 212(c), which was repealed in 1996. Furthermore, petitioner was ineligible for cancellation of removal under INA 240A(a) because such relief was not available to any alien who has been convicted of an aggravated felony. Accordingly, the court dismissed petition number 17-1833, and dismissed in part and denied in part petition number 16-2434. View "Guevara-Solorzano v. Sessions" on Justia Law