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pleafelonyimmigration law
pleafelonyimmigration law

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Becker v. Gonzales

Facts

Michael Herbert Becker, a native and citizen of Germany, was admitted to the United States at the age of six and became a lawful permanent resident. In 2004, he pleaded guilty to a Class 6 felony for possession of drug paraphernalia under Arizona law. Following this conviction, removal proceedings were initiated against him for being an alien convicted of a controlled substance offense. Becker conceded his removability but sought cancellation of removal under 8 U.S.C. 1229b(a), arguing that his earlier 1978 conviction for possession of marijuana for sale should not disqualify him.

Michael Herbert Becker, a native and citizen of Germany, was admitted to the United States at the age of six and became a lawful permanent resident. In 2004, he pleaded guilty to a Class 6 felony for possession of drug paraphernalia under Arizona law. Following this conviction, removal proceedings were initiated against him for being an alien convicted of a controlled substance offense.

Issue

Whether Becker's 1978 conviction for possession of marijuana for sale could be treated as a disqualifying aggravated felony conviction for purposes of his current request for cancellation of removal following his 2004 controlled substance conviction.

Whether Becker's 1978 conviction for possession of marijuana for sale could be treated as a disqualifying aggravated felony conviction for purposes of his current request for cancellation of removal following his 2004 controlled substance conviction.

Rule

An alien convicted of any aggravated felony at any time is not eligible for cancellation of removal. This rule applies regardless of whether the alien has been charged and found removable on that ground.

An alien convicted of any aggravated felony at any time is not eligible for cancellation of removal.

Analysis

The court analyzed Becker's situation in light of the immigration laws, particularly focusing on the implications of his 1978 conviction. It noted that even if Becker could waive his 1978 conviction under 212(c), it would still remain an aggravated felony for the purposes of precluding his application for cancellation of removal due to his 2004 conviction. The court emphasized that the crimes leading to deportability do not disappear from an alien's record for immigration purposes.

The court analyzed Becker's situation in light of the immigration laws, particularly focusing on the implications of his 1978 conviction. It noted that even if Becker could waive his 1978 conviction under 212(c), it would still remain an aggravated felony for the purposes of precluding his application for cancellation of removal due to his 2004 conviction.

Conclusion

The court concluded that Becker is not eligible to apply for cancellation of removal and denied his petition for review.

The court concluded that Becker is not eligible to apply for cancellation of removal and denied his petition for review.

Who won?

The government prevailed in the case as the court upheld the BIA's decision that Becker was ineligible for cancellation of removal due to his aggravated felony conviction.

The government prevailed in the case as the court upheld the BIA's decision that Becker was ineligible for cancellation of removal due to his aggravated felony conviction.

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