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statuteappealfelony
statuteappealfelony

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Franco-Casasola v. Holder

Facts

Franco-Casasola, a native and citizen of Guatemala, was admitted as an immigrant in Los Angeles, California, on May 29, 1992. He was convicted on April 1, 2011, for the fraudulent purchase of firearms for export in violation of 18 U.S.C. 554(a). The Department of Homeland Security issued a notice to appear, alleging that he was removable as an alien convicted of an aggravated felony, specifically 'illicit trafficking in firearms.' Franco-Casasola denied the charges and applied for cancellation of removal, but the BIA ultimately ruled against him.

Franco-Casasola, a native and citizen of Guatemala, was admitted as an immigrant in Los Angeles, California, on May 29, 1992. On June 6, 2011, the Department of Homeland Security ('DHS') issued a notice to appear alleging that on April 1, 2011, Franco-Casasola was convicted of the fraudulent purchase of firearms for export in violation of 18 U.S.C. 554(a).

Issue

Whether Franco-Casasola's conviction under 18 U.S.C. 554(a) constituted an aggravated felony that rendered him ineligible for cancellation of removal.

The question presented on appeal is how to determine whether a prior offense qualifies as an aggravated felony.

Rule

The modified categorical approach is applied to determine if a statute of conviction is divisible, allowing examination of the charging document and other relevant materials to ascertain if a prior conviction constitutes an aggravated felony.

An alien is eligible to seek discretionary cancellation of removal if he has been a lawful permanent resident for at least five years, has resided in the United States continuously for seven years after having been admitted under any status, and has not been convicted of an aggravated felony. 8 U.S.C. 1229b(a).

Analysis

The court determined that the statute under which Franco-Casasola was convicted was divisible, allowing the application of the modified categorical approach. This approach permitted the court to consider the indictment and other documents to confirm that his conviction was indeed for an aggravated felony related to illicit trafficking in firearms. The BIA's conclusion that the conviction fell under the definition of an aggravated felony was upheld.

The IJ and the BIA disagreed on the issue of whether Section 554(a) is divisible for purposes of application of the modified categorical approach. The BIA determined that Section 554(a) was divisible, relying on one of its earlier decisions and explaining that its methodology for analyzing whether a statute of conviction is divisible varies from the analysis this court uses.

Conclusion

The court affirmed the BIA's decision, concluding that Franco-Casasola was ineligible for cancellation of removal due to his conviction for an aggravated felony.

Consequently, the statute is divisible.

Who won?

The Board of Immigration Appeals prevailed because the court upheld its determination that Franco-Casasola's conviction constituted an aggravated felony, making him ineligible for cancellation of removal.

The BIA disagreed with the IJ. It concluded that Franco-Casasola's conviction under Section 554(a) did constitute the aggravated felony of illicit trafficking in firearms, thereby making cancellation of removal unavailable.

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