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Keywords

attorneyappealfelonymisdemeanorvisadeportationnaturalization
attorneyappealfelonymisdemeanorvisadeportationnaturalization

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Biskupski v. Attorney General

Facts

The alien entered the United States in 1988, and stayed beyond the date allowed by his visa. In January 1994, the alien was charged with a misdemeanor violation of 8 U.S.C.S. 1324(a)(2)(A), and he pled guilty to the charge. The Immigration and Naturalization Service alleged that the alien was deportable under 8 U.S.C.S. 1251, and it began deportation proceedings on January 25, 1994. An IJ found that the Government established the alien's conviction under 8 U.S.C.S. 1324(a)(2)(A) and accepted the alien's application for suspension of deportation, but queried whether the alien's conviction rendered him ineligible for suspension of deportation, and on April 20, 2005, the IJ ruled that the alien's conviction under 1324(a)(2)(A) rendered him ineligible for suspension of deportation.

The alien entered the United States in 1988, and stayed beyond the date allowed by his visa. In January 1994, the alien was charged with a misdemeanor violation of 8 U.S.C.S. 1324(a)(2)(A), and he pled guilty to the charge. The Immigration and Naturalization Service alleged that the alien was deportable under 8 U.S.C.S. 1251, and it began deportation proceedings on January 25, 1994. An IJ found that the Government established the alien's conviction under 8 U.S.C.S. 1324(a)(2)(A) and accepted the alien's application for suspension of deportation, but queried whether the alien's conviction rendered him ineligible for suspension of deportation, and on April 20, 2005, the IJ ruled that the alien's conviction under 1324(a)(2)(A) rendered him ineligible for suspension of deportation.

Issue

Whether the alien's misdemeanor conviction for aiding and abetting alien smuggling constituted an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(N), thereby rendering him ineligible for suspension of deportation under former 8 U.S.C. 1254.

Whether the alien's misdemeanor conviction for aiding and abetting alien smuggling constituted an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(N), thereby rendering him ineligible for suspension of deportation under former 8 U.S.C. 1254.

Rule

The term 'aggravated felony' includes offenses described in 8 U.S.C. 1324(a)(1)(A) and (2), and a conviction for an aggravated felony bars an alien from demonstrating the requisite good moral character necessary for suspension of deportation.

The term 'aggravated felony' includes offenses described in 8 U.S.C. 1324(a)(1)(A) and (2), and a conviction for an aggravated felony bars an alien from demonstrating the requisite good moral character necessary for suspension of deportation.

Analysis

The court applied the definition of 'aggravated felony' as provided in 8 U.S.C. 1101(a)(43)(N) to the facts of the case, concluding that Biskupski's conviction for aiding and abetting alien smuggling fell within this definition. The court noted that the BIA's final order denied Biskupski relief based on this classification, and thus the IJ's ruling that Biskupski was ineligible for suspension of deportation was upheld.

The court applied the definition of 'aggravated felony' as provided in 8 U.S.C. 1101(a)(43)(N) to the facts of the case, concluding that Biskupski's conviction for aiding and abetting alien smuggling fell within this definition. The court noted that the BIA's final order denied Biskupski relief based on this classification, and thus the IJ's ruling that Biskupski was ineligible for suspension of deportation was upheld.

Conclusion

The court of appeals denied the alien's petition, affirming the BIA's decision that Biskupski was ineligible for suspension of deportation due to his conviction being classified as an aggravated felony.

The court of appeals denied the alien's petition, affirming the BIA's decision that Biskupski was ineligible for suspension of deportation due to his conviction being classified as an aggravated felony.

Who won?

The U.S. Attorney General prevailed in the case because the court upheld the BIA's determination that Biskupski's conviction constituted an aggravated felony, rendering him ineligible for suspension of deportation.

The U.S. Attorney General prevailed in the case because the court upheld the BIA's determination that Biskupski's conviction constituted an aggravated felony, rendering him ineligible for suspension of deportation.

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