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Guevara v. Holder

Facts

Francisco A. Guevara was subject to removal proceedings after being convicted of assault under New York Penal Law 120.00(1). He had received seven continuances from the Immigration Judge (IJ) over three years to secure counsel and prepare applications for relief. Despite these continuances, Guevara did not file a motion to vacate his conviction in state court, which was a key factor in the IJ's decision to deny his request for an eighth continuance. The BIA affirmed the IJ's decision, leading Guevara to appeal.

Francisco A. Guevara was subject to removal proceedings after being convicted of assault under New York Penal Law 120.00(1). He had received seven continuances from the Immigration Judge (IJ) over three years to secure counsel and prepare applications for relief.

Issue

Did the BIA err in denying Guevara's request for an eighth continuance and in determining that his conviction constituted a crime involving moral turpitude?

Did the BIA err in denying Guevara's request for an eighth continuance and in determining that his conviction constituted a crime involving moral turpitude?

Rule

The IJ has the authority to grant continuances for good cause shown and is afforded wide latitude in calendar management. A conviction for a crime involving moral turpitude renders an alien statutorily ineligible for cancellation of removal under 8 U.S.C. 1229b(b)(1)(C).

IJs have the authority to grant continuances 'for good cause shown,' 8 C.F.R. 1003.29, and 'are accorded wide latitude in calendar management,' Morgan v. Gonzales, 445 F.3d 549, 551 (2d Cir. 2006).

Analysis

The court found that the IJ did not abuse his discretion in denying Guevara's request for an eighth continuance, as he had already been granted seven continuances and had not demonstrated any effort to challenge his conviction in state court. The court also applied the categorical approach to determine that Guevara's conviction for assault under New York law involved intent to cause physical injury, which meets the criteria for a crime involving moral turpitude.

Here, the IJ previously had granted Guevara seven continuances, the sum of which extended his proceedings for more than three years. Moreover, and contrary to Guevara's assertions, he was not abruptly left without counsel (he stated during proceedings that he dismissed his prior counsel and then he waived his right to counsel), and he did not specifically request an eighth continuance to seek counsel.

Conclusion

The court affirmed the BIA's decision, denying Guevara's petition for review and concluding that he was statutorily ineligible for cancellation of removal due to his conviction.

For the reasons stated, Guevara's petition for review is DENIED.

Who won?

The government prevailed in the case because the court upheld the BIA's decision, finding no error in the denial of the continuance or the classification of Guevara's conviction as a crime involving moral turpitude.

The government prevailed in the case because the court upheld the BIA's decision, finding no error in the denial of the continuance or the classification of Guevara's conviction as a crime involving moral turpitude.

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