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statutefelony
statutefelony

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Guevara-Solorzano v. Sessions

Facts

Rene Guevara-Solorzano, a native and citizen of Mexico, entered the U.S. in 1984 and became a lawful permanent resident in 1990. He was convicted in 1995 in Tennessee for unlawful possession of marijuana with intent to manufacture, deliver, or sell, and in 2000 in North Carolina for felony breaking and entering and felony larceny. The Department of Homeland Security initiated removal proceedings against him in 2010, citing multiple grounds for his removability based on these convictions.

Rene Guevara-Solorzano, a native and citizen of Mexico, entered the U.S. in 1984 and became a lawful permanent resident in 1990. He was convicted in 1995 in Tennessee for unlawful possession of marijuana with intent to manufacture, deliver, or sell, and in 2000 in North Carolina for felony breaking and entering and felony larceny. The Department of Homeland Security initiated removal proceedings against him in 2010, citing multiple grounds for his removability based on these convictions.

Issue

Whether Guevara-Solorzano's convictions qualify as aggravated felonies and crimes involving moral turpitude, affecting his eligibility for relief from removal.

Whether Guevara-Solorzano's convictions qualify as aggravated felonies and crimes involving moral turpitude, affecting his eligibility for relief from removal.

Rule

A conviction for an aggravated felony or a crime involving moral turpitude renders an alien ineligible for certain forms of relief from removal under the Immigration and Nationality Act.

A conviction for an aggravated felony or a crime involving moral turpitude renders an alien ineligible for certain forms of relief from removal under the Immigration and Nationality Act.

Analysis

The court determined that Guevara-Solorzano's 1995 conviction categorically qualified as an aggravated felony and a crime involving moral turpitude. The court applied the categorical approach to assess whether the Tennessee statute under which he was convicted aligned with the definitions of aggravated felonies under federal law. The court found that his 2000 convictions also constituted crimes involving moral turpitude, further solidifying his ineligibility for relief.

The court determined that Guevara-Solorzano's 1995 conviction categorically qualified as an aggravated felony and a crime involving moral turpitude. The court applied the categorical approach to assess whether the Tennessee statute under which he was convicted aligned with the definitions of aggravated felonies under federal law. The court found that his 2000 convictions also constituted crimes involving moral turpitude, further solidifying his ineligibility for relief.

Conclusion

The court affirmed the BIA's decision, concluding that Guevara-Solorzano was ineligible for relief under former INA 212(c) and for cancellation of removal under INA 240A(a) due to his aggravated felony convictions.

The court affirmed the BIA's decision, concluding that Guevara-Solorzano was ineligible for relief under former INA 212(c) and for cancellation of removal under INA 240A(a) due to his aggravated felony convictions.

Who won?

The government prevailed in the case as the court upheld the BIA's determination that Guevara-Solorzano's convictions rendered him ineligible for relief from removal.

The government prevailed in the case as the court upheld the BIA's determination that Guevara-Solorzano's convictions rendered him ineligible for relief from removal.

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