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defendantjurisdictionattorneylawyerstatutehearing
defendantjurisdictionattorneylawyerstatutehearing

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Korsunskiy v. Gonzales

Facts

The alien emigrated to the United States and received permission to remain as a permanent resident. Later, the alien chose to violate several criminal statutes and accumulated at least three convictions; immigration officials believed that these were crimes of moral turpitude. When he tried to reenter the United States after a trip abroad, the alien was stopped and served with a notice that the convictions rendered him inadmissible. The alien appeared at a hearing without counsel (though he had ample opportunity to retain a lawyer). The alien's only argument was that he had a medical condition that was likely to receive better care in the United States than in Ukraine. However, an alien charged with acts that made him excludable (or removable) had to choose between acknowledging the charges' validity or mounting a defense. The alien chose the former and could not complain about his own decision. The alien had at least one conviction for a crime of moral turpitude, so the court could not go beyond points of law under 8 U.S.C.S. 1252(a)(2)(D). Every opportunity to present a legal argument had been waived, forfeited, or both. Thus, the court lacked jurisdiction.

The alien emigrated to the United States and received permission to remain as a permanent resident. Later, the alien chose to violate several criminal statutes and accumulated at least three convictions; immigration officials believed that these were crimes of moral turpitude. When he tried to reenter the United States after a trip abroad, the alien was stopped and served with a notice that the convictions rendered him inadmissible. The alien appeared at a hearing without counsel (though he had ample opportunity to retain a lawyer). The alien's only argument was that he had a medical condition that was likely to receive better care in the United States than in Ukraine. However, an alien charged with acts that made him excludable (or removable) had to choose between acknowledging the charges' validity or mounting a defense. The alien chose the former and could not complain about his own decision. The alien had at least one conviction for a crime of moral turpitude, so the court could not go beyond points of law under 8 U.S.C.S. 1252(a)(2)(D). Every opportunity to present a legal argument had been waived, forfeited, or both. Thus, the court lacked jurisdiction.

Issue

Whether the court had jurisdiction to review the alien's petition given the conceded conviction for a crime of moral turpitude.

Whether the court had jurisdiction to review the alien's petition given the conceded conviction for a crime of moral turpitude.

Rule

The court applied the principle that if an alien has at least one conviction for a crime of moral turpitude, the court lacks jurisdiction to review the case under 8 U.S.C. 1252(a)(2)(D).

The court applied the principle that if an alien has at least one conviction for a crime of moral turpitude, the court lacks jurisdiction to review the case under 8 U.S.C. 1252(a)(2)(D).

Analysis

The court determined that Korsunskiy had at least one conviction for a crime of moral turpitude, which barred the court from reviewing the case. The court noted that Korsunskiy had waived his opportunity to present legal arguments by conceding the validity of the charges against him. The court emphasized that the classification of a conviction is a legal question, and since Korsunskiy did not properly present his arguments to the agency, the court lacked jurisdiction to entertain his petition.

The court determined that Korsunskiy had at least one conviction for a crime of moral turpitude, which barred the court from reviewing the case. The court noted that Korsunskiy had waived his opportunity to present legal arguments by conceding the validity of the charges against him. The court emphasized that the classification of a conviction is a legal question, and since Korsunskiy did not properly present his arguments to the agency, the court lacked jurisdiction to entertain his petition.

Conclusion

The court dismissed the alien's petition for review of the BIA's decision.

The court dismissed the alien's petition for review of the BIA's decision.

Who won?

The defendant, Attorney General, prevailed because the court found it lacked jurisdiction due to the conceded conviction for a crime of moral turpitude.

The defendant, Attorney General, prevailed because the court found it lacked jurisdiction due to the conceded conviction for a crime of moral turpitude.

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