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Keywords

appealpleaadmissibilitypiracy
appealplearegulationfelonypiracy

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Garcia-Gonzalez v. Holder

Facts

Luis Garcia-Gonzalez, a native and citizen of Mexico, was granted lawful permanent resident status in 1991. In 2005, he was indicted on multiple counts related to racketeering and drug distribution. He pled guilty to conspiracy to commit racketeering in 2009 and was sentenced to 30 months in prison. Following his conviction, the Department of Homeland Security initiated removal proceedings against him, leading to the BIA's determination of his inadmissibility.

Garcia-Gonzalez first entered the United States in 1976. On January 22, 1991, he was granted an adjustment of his immigration status to that of lawful permanent resident ('LPR'). In September 2005, Garcia-Gonzalez was charged as part of a thirty-eight count federal indictment alleging violations of 18 U.S.C. 1961 and 1962 and 21 U.S.C. 841 and 846 . On September 1, 2009, Garcia-Gonzalez pled guilty pursuant to a plea agreement to one count of conspiracy to commit racketeering in violation of 18 U.S.C. 1962(d) (the 'racketeering conviction') and was sentenced to 30 months' imprisonment.

Issue

Whether the Board of Immigration Appeals erred in concluding that Garcia-Gonzalez was inadmissible and ineligible for adjustment of status due to his racketeering conviction.

Whether the Board of Immigration Appeals erred in concluding that Garcia-Gonzalez was inadmissible and ineligible for adjustment of status due to his racketeering conviction.

Rule

An alien is inadmissible if he admits committing acts that constitute the essential elements of a violation of any law relating to controlled substances or if he has been convicted of a crime involving moral turpitude.

An alien is inadmissible if he admits committing acts which constitute the essential elements of . . . a violation of . . . any law or regulation of . . . the United States . . . relating to a controlled substance (as defined in section 802 of Title 21), or if he was convicted of . . . a crime involving moral turpitude.

Analysis

The court found that Garcia-Gonzalez's admissions in his plea agreement established that he committed acts constituting a violation of 21 U.S.C. 846, which includes conspiracy to distribute controlled substances. His acknowledgment of being a leader in a criminal organization and his involvement in drug distribution supported the BIA's conclusion that he was inadmissible under 8 U.S.C. 1182(a)(2)(A)(i).

The IJ and the BIA did not err in concluding that Garcia-Gonzalez is inadmissible because substantial evidence supports the finding that he has admitted to committing acts which constitute the essential elements of a violation of 21 U.S.C. 846 , a law of the United States relating to controlled substances.

Conclusion

The court denied Garcia-Gonzalez's petition for review, affirming the BIA's decision that he was inadmissible and ineligible for adjustment of status.

We deny Garcia-Gonzalez's petition for review.

Who won?

The Board of Immigration Appeals prevailed because substantial evidence supported their finding of Garcia-Gonzalez's inadmissibility based on his admissions and conviction.

The Board of Immigration Appeals properly found that an alien was inadmissible and ineligible for adjustment of status under8 U.S.C.S. 1182(a)(2)(A)(i)because he conceded that his racketeering conviction under18 U.S.C.S. 1962qualified as a conviction for an aggravated felony that rendered him removable under8 U.S.C.S. 1101(a)(43)(J)and1227(a)(2)(A)(iii), and the alien admitted to committing acts that constitute the essential elements of a violation of21 U.S.C.S. 846, conspiracy to distribute a controlled substance.

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