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Keywords

jurisdictionappealpleafelonydeportation
jurisdictionappealpleafelonydeportation

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Drakes v. Zimski

Facts

Petitioner, a native of Guyana, lived in the United States as a lawful, permanent resident. He later pleaded guilty to second-degree forgery under Delaware state law, receiving a one-year prison sentence. Removal proceedings were initiated on the basis that second-degree forgery was a deportable aggravated felony under 8 U.S.C.S. 1101(a)(43)(R). The Board of Immigration Appeals ordered Drakes deported, disagreeing with the Immigration Judge's finding that the crime did not satisfy the statutory definition of 'aggravated felony.'

Petitioner, a native of Guyana, lived in the United States as a lawful, permanent resident. He later pleaded guilty to second-degree forgery under Delaware state law, receiving a one-year prison sentence. Removal proceedings were initiated on the basis that second-degree forgery was a deportable aggravated felony under 8 U.S.C.S. 1101(a)(43)(R). The Board of Immigration Appeals ordered Drakes deported, disagreeing with the Immigration Judge's finding that the crime did not satisfy the statutory definition of 'aggravated felony.'

Issue

Whether the court has jurisdiction to review the deportation order based on the petitioner's conviction of an aggravated felony.

Whether the court has jurisdiction to review the deportation order based on the petitioner's conviction of an aggravated felony.

Rule

Under 8 U.S.C. 1252(a)(2)(C), the court lacks jurisdiction to consider a final order of removal against an alien convicted of specified criminal offenses, including aggravated felonies.

Under 8 U.S.C. 1252(a)(2)(C), the court lacks jurisdiction to consider a final order of removal against an alien convicted of specified criminal offenses, including aggravated felonies.

Analysis

The court applied the rule by determining that the petitioner was an alien convicted of an aggravated felony, which divested the court of jurisdiction to consider the merits of the petition. The court rejected the petitioner's argument that his conviction did not constitute forgery under federal law, concluding that Congress intended the term 'forgery' to include an intent to deceive.

The court applied the rule by determining that the petitioner was an alien convicted of an aggravated felony, which divested the court of jurisdiction to consider the merits of the petition. The court rejected the petitioner's argument that his conviction did not constitute forgery under federal law, concluding that Congress intended the term 'forgery' to include an intent to deceive.

Conclusion

The petition was dismissed for lack of jurisdiction. The court found that the petitioner's conviction for second-degree forgery qualified as an aggravated felony under federal law.

The petition was dismissed for lack of jurisdiction. The court found that the petitioner's conviction for second-degree forgery qualified as an aggravated felony under federal law.

Who won?

The government prevailed in the case because the court found that it lacked jurisdiction to review the deportation order due to the aggravated felony conviction.

The government prevailed in the case because the court found that it lacked jurisdiction to review the deportation order due to the aggravated felony conviction.

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