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Keywords

appealfelonymisdemeanornaturalization
appealfelonymisdemeanorvisanaturalization

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Guerrero-Perez v. Immigration and Naturalization Service

Facts

Jose F. Guerrero-Perez, a native and citizen of Mexico, was found removable by the Immigration Court due to his conviction for criminal sexual abuse, classified as a Class A misdemeanor under Illinois law, and for child abuse. The Immigration and Naturalization Service charged him with removability based on these convictions. The Immigration Judge and the Board of Immigration Appeals determined that Guerrero's actions constituted an aggravated felony under the Immigration and Nationality Act, despite his argument that a misdemeanor conviction should not qualify as such.

Guerrero is a native and citizen of Mexico. He was born on January 25, 1979 and entered the United States on March 28, 1979 when he was just over two months old, as an immigrant child admitted for Lawful Permanent Residence without an immigrant visa in accordance with 8 C.F.R. 211. The Immigration and Naturalization Service ('INS') in a Notice To Appear, dated July 26, 1999, charged that Guerrero was subject to removal: (1) under 237(a)(2)(A)(ii) of the INA, 8 U.S.C. 1227(a)(2)(A)(ii) because he had been convicted of two crimes involving moral turpitude; (2) under 237(a)(2)(A)(iii) of the INA, 8 U.S.C. 1227(a)(2)(A)(iii), because he had been convicted of the aggravated felony of sexual abuse of a minor, as defined in 101(a)(43)(A) of the INA, 8 U.S.C. 1101(a)(43)(A); and (3) because he was convicted of child abuse, 237(a)(2)(E)(i) of the INA, 8 U.S.C. 1227(a)(2)(E)(i).

Issue

Whether Guerrero's conviction for criminal sexual abuse, classified as a Class A misdemeanor, can be considered an aggravated felony under the Immigration and Nationality Act.

Guerrero argues that because his criminal sexual abuse conviction under Illinois law is considered a Class A misdemeanor, and not a felony, he cannot be deemed to have committed an aggravated felony under 101(a)(43)(A) of the Immigration and Nationality Act ('INA'), 8 U.S.C. 1101(a)(43)(A).

Rule

The term 'aggravated felony' under the Immigration and Nationality Act does not explicitly exclude misdemeanor convictions, and Congress intended for the term to encompass a broad range of crimes.

The term 'aggravated felony' under the Immigration and Nationality Act does not explicitly exclude misdemeanor convictions, and Congress intended for the term to encompass a broad range of crimes.

Analysis

The court applied the rule by examining the statutory language of the Immigration and Nationality Act, concluding that the absence of a specific exclusion for misdemeanors indicates that Congress intended to include them within the definition of aggravated felonies. The court noted that the BIA had previously held that certain misdemeanors could qualify as aggravated felonies, and thus Guerrero's conviction for sexual abuse of a minor fell within this category.

The court applied the rule by examining the statutory language of the Immigration and Nationality Act, concluding that the absence of a specific exclusion for misdemeanors indicates that Congress intended to include them within the definition of aggravated felonies.

Conclusion

The court affirmed the Board of Immigration Appeals' decision, concluding that Guerrero was removable under the Immigration and Nationality Act because his misdemeanor conviction for sexual abuse of a minor constituted an aggravated felony.

The court affirmed the Board of Immigration Appeals' decision, concluding that Guerrero was removable under the Immigration and Nationality Act because his misdemeanor conviction for sexual abuse of a minor constituted an aggravated felony.

Who won?

The Board of Immigration Appeals prevailed in the case, as the court upheld their decision that Guerrero's misdemeanor conviction could be classified as an aggravated felony, leading to his removability.

The Board of Immigration Appeals ('BIA') affirmed the Immigration Court's decision concerning Guerrero's removability and dismissed his appeal.

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