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Keywords

domestic violencemisdemeanorvisa
domestic violencemisdemeanorvisa

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Guzman-Polanco, Matter of

Facts

Onduso, a native and citizen of Kenya, entered the U.S. legally in January 1999 but overstayed his visa. In June 2009, the Department of Homeland Security initiated removal proceedings against him due to his unlawful presence. An immigration judge found him removable based on his 2004 conviction for domestic assault under Minnesota law, which the BIA determined categorically qualified as a crime of domestic violence.

Onduso, a native and citizen of Kenya, entered the U.S. legally in January 1999 but overstayed his visa. In June 2009, the Department of Homeland Security initiated removal proceedings against him due to his unlawful presence. An immigration judge found him removable based on his 2004 conviction for domestic assault under Minnesota law, which the BIA determined categorically qualified as a crime of domestic violence.

Issue

Whether Onduso's conviction for Minnesota misdemeanor domestic assault categorically qualifies as a crime of domestic violence under 8 U.S.C. 1227(a)(2)(E)(i).

Whether Onduso's conviction for Minnesota misdemeanor domestic assault categorically qualifies as a crime of domestic violence under 8 U.S.C. 1227(a)(2)(E)(i).

Rule

A crime of domestic violence is defined as any crime of violence directed against a person in a qualifying domestic relationship, as per 8 U.S.C. 1227(a)(2)(E)(i) and 18 U.S.C. 16.

A crime of domestic violence is defined as any crime of violence directed against a person in a qualifying domestic relationship, as per 8 U.S.C. 1227(a)(2)(E)(i) and 18 U.S.C. 16.

Analysis

The court applied the rule by examining the elements of Minnesota misdemeanor domestic assault, which requires the intentional or attempted infliction of bodily harm. The court noted that it is impossible to cause bodily injury without using force capable of producing that result, thus categorizing the offense as a crime of violence. The court also referenced prior Eighth Circuit decisions that supported this conclusion.

The court applied the rule by examining the elements of Minnesota misdemeanor domestic assault, which requires the intentional or attempted infliction of bodily harm. The court noted that it is impossible to cause bodily injury without using force capable of producing that result, thus categorizing the offense as a crime of violence. The court also referenced prior Eighth Circuit decisions that supported this conclusion.

Conclusion

The court denied Onduso's petition, affirming that his conviction for Minnesota misdemeanor domestic assault rendered him statutorily ineligible for cancellation of removal.

The court denied Onduso's petition, affirming that his conviction for Minnesota misdemeanor domestic assault rendered him statutorily ineligible for cancellation of removal.

Who won?

The government prevailed in the case because the court upheld the BIA's determination that Onduso's conviction constituted a crime of domestic violence, which disqualified him from cancellation of removal.

The government prevailed in the case because the court upheld the BIA's determination that Onduso's conviction constituted a crime of domestic violence, which disqualified him from cancellation of removal.

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