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Keywords

attorneystatuteappealmotionregulationfelonyprobation
attorneystatuteappealmotionregulationfelonyprobation

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Garcia-Carias v. Holder

Facts

Wilmer Alberto Garcia-Carias was born in Honduras and was admitted to the United States as a lawful permanent resident in 1993. In November 2002, he pled guilty to knowingly and intentionally possessing ecstasy, receiving a suspended sentence and probation. He was removed from the United States in November 2005, and in December 2010, he filed a motion to reopen his proceedings based on a U.S. Supreme Court case decided in 2006, arguing that his conviction could not be considered an aggravated felony and that he was eligible for cancellation of removal.

Wilmer Alberto Garcia-Carias was born in Honduras and was admitted to the United States as a lawful permanent resident in 1993. In November 2002, he pled guilty to knowingly and intentionally possessing ecstasy, receiving a suspended sentence and probation. He was removed from the United States in November 2005, and in December 2010, he filed a motion to reopen his proceedings based on a U.S. Supreme Court case decided in 2006, arguing that his conviction could not be considered an aggravated felony and that he was eligible for cancellation of removal.

Issue

Whether the Board of Immigration Appeals correctly applied the Attorney General's departure regulation to deny Garcia's motion to reopen his removal proceedings.

Whether the Board of Immigration Appeals correctly applied the Attorney General's departure regulation to deny Garcia's motion to reopen his removal proceedings.

Rule

8 U.S.C.S. 1229a(c)(7) unambiguously gives the alien a right to file a motion to reopen regardless of whether he has left the United States.

8 U.S.C.S. 1229a(c)(7) unambiguously gives the alien a right to file a motion to reopen regardless of whether he has left the United States.

Analysis

The court found that the Board's application of the departure regulation to statutory motions to reopen was invalid under Chevron's first step, as the statute plainly did not impose a general physical presence requirement. The court concluded that the departure regulation conflicted with the statutory right established by Congress, which allows an alien to file a motion to reopen regardless of their physical presence in the U.S.

The court found that the Board's application of the departure regulation to statutory motions to reopen was invalid under Chevron's first step, as the statute plainly did not impose a general physical presence requirement. The court concluded that the departure regulation conflicted with the statutory right established by Congress, which allows an alien to file a motion to reopen regardless of their physical presence in the U.S.

Conclusion

The petition for review was granted. The case was remanded to the Board of Immigration Appeals for proceedings consistent with the opinion.

The petition for review was granted. The case was remanded to the Board of Immigration Appeals for proceedings consistent with the opinion.

Who won?

Wilmer Alberto Garcia-Carias prevailed in the case because the court found that the Board's application of the departure regulation was invalid and that he had a statutory right to file a motion to reopen.

Wilmer Alberto Garcia-Carias prevailed in the case because the court found that the Board's application of the departure regulation was invalid and that he had a statutory right to file a motion to reopen.

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