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Keywords

statuteappealdomestic violence
statuteappealdomestic violence

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Beltran-Aguilar v. Whitaker

Facts

Eliseo Beltran-Aguilar, a native and citizen of Mexico, applied for cancellation of removal from the United States. An immigration judge denied his application, and the Board of Immigration Appeals affirmed the denial on the ground that Beltran-Aguilar's conviction for Wisconsin battery involving domestic abuse was a crime of domestic violence. Beltran-Aguilar argued that the Wisconsin offense is not categorically a crime of violence.

Eliseo Beltran-Aguilar, a native and citizen of Mexico, applied for cancellation of removal from the United States. An immigration judge denied his application, and the Board of Immigration Appeals affirmed the denial on the ground that Beltran-Aguilar's conviction for Wisconsin battery involving domestic abuse was a crime of domestic violence. Beltran-Aguilar argued that the Wisconsin offense is not categorically a crime of violence.

Issue

Whether Beltran-Aguilar's conviction for Wisconsin battery involving domestic abuse constitutes a crime of domestic violence under federal law.

Whether Beltran-Aguilar's conviction for Wisconsin battery involving domestic abuse constitutes a crime of domestic violence under federal law.

Rule

Federal law makes an alien ineligible for cancellation of removal if he has been convicted of a crime of domestic violence, see 8 U.S.C. 1229b(b)(1)(C), which is 'any crime of violence … against a person committed by' a current or former domestic partner, 8 U.S.C. 1227(a)(2)(E)(i). A 'crime of violence' is 'an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.' 18 U.S.C. 16(a).

Federal law makes an alien ineligible for cancellation of removal if he has been convicted of a crime of domestic violence, see 8 U.S.C. 1229b(b)(1)(C), which is 'any crime of violence … against a person committed by' [**2] a current or former domestic partner, 8 U.S.C. 1227(a)(2)(E)(i). A 'crime of violence' is 'an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.' 18 U.S.C. 16(a).

Analysis

The court applied the rule by examining whether the elements of the Wisconsin battery statute involved the use of physical force. It concluded that the definition of 'bodily harm' under Wisconsin law, which includes physical pain or injury, aligns with the federal definition of a crime of violence. The court noted that previous cases had established that Wisconsin's definition of bodily harm satisfies the requirements set forth in Curtis Johnson.

The court applied the rule by examining whether the elements of the Wisconsin battery statute involved the use of physical force. It concluded that the definition of 'bodily harm' under Wisconsin law, which includes physical pain or injury, aligns with the federal definition of a crime of violence. The court noted that previous cases had established that Wisconsin's definition of bodily harm satisfies the requirements set forth in Curtis Johnson.

Conclusion

The court denied Beltran-Aguilar's petition for review, affirming that his conviction for Wisconsin battery is indeed a crime of violence under federal law.

The petition for review is DENIED.

Who won?

The government prevailed in the case, as the court upheld the BIA's decision that Beltran-Aguilar's conviction constituted a crime of domestic violence, making him ineligible for cancellation of removal.

The government prevailed in the case, as the court upheld the BIA's decision that Beltran-Aguilar's conviction constituted a crime of domestic violence, making him ineligible for cancellation of removal.

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