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Keywords

statutefelonylienspiracy
statutefelonylienspiracy

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Familia Rosario v. Holder

Facts

Manuel de Jesus Familia Rosario has been a Lawful Permanent Resident of the United States since 1999. In November 2007, he pled guilty to aiding and abetting a conspiracy to import aliens for the purpose of prostitution. The government commenced removal proceedings in early 2010, arguing that Familia Rosario committed a crime involving moral turpitude and was therefore removable. The IJ found him ineligible for cancellation of removal based on the conviction being categorized as an aggravated felony.

Manuel de Jesus Familia Rosario has been a Lawful Permanent Resident of the United States since 1999. In November 2007, he pled guilty to aiding and abetting a conspiracy to import aliens for the purpose of prostitution. The government commenced removal proceedings in early 2010, arguing that Familia Rosario committed a crime involving moral turpitude and was therefore removable. The IJ found him ineligible for cancellation of removal based on the conviction being categorized as an aggravated felony.

Issue

Whether Familia Rosario's conviction constitutes an aggravated felony under INA 101(a)(43)(K)(i) such that he is ineligible for cancellation of removal.

Whether Familia Rosario's conviction constitutes an aggravated felony under INA 101(a)(43)(K)(i) such that he is ineligible for cancellation of removal.

Rule

The court employs a categorical approach to determine whether a conviction constitutes an aggravated felony, making a comparison between the generic crime used in the INA and the elements of each particular offense of which the noncitizen was convicted.

The court employs a categorical approach to determine whether a conviction constitutes an aggravated felony, making a comparison between the generic crime used in the INA and the elements of each particular offense of which the noncitizen was convicted.

Analysis

The court found that the IJ and BIA erred in applying the modified categorical approach to categorize Familia Rosario's conviction as an aggravated felony. The court concluded that the statute under which he was convicted, 8 U.S.C. 1328, encompasses conduct that is broader than the offense of owning, controlling, managing, or supervising a prostitution business, and therefore his conviction did not amount to an aggravated felony.

The court found that the IJ and BIA erred in applying the modified categorical approach to categorize Familia Rosario's conviction as an aggravated felony. The court concluded that the statute under which he was convicted, 8 U.S.C. 1328, encompasses conduct that is broader than the offense of owning, controlling, managing, or supervising a prostitution business, and therefore his conviction did not amount to an aggravated felony.

Conclusion

The petition for review was granted, the order of removal was vacated, and the case was remanded for consideration of the resident's application for cancellation of removal.

The petition for review was granted, the order of removal was vacated, and the case was remanded for consideration of the resident's application for cancellation of removal.

Who won?

Familia Rosario prevailed in the case because the court found that his conviction did not constitute an aggravated felony, which was the basis for his removal.

Familia Rosario prevailed in the case because the court found that his conviction did not constitute an aggravated felony, which was the basis for his removal.

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