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Keywords

statutepleafelonyasylum

liabilityappealpleafelonyasylum

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Lopez-Marroquin v. Garland

Facts

Ricardo Lopez-Marroquin, a native and citizen of El Salvador, became a lawful permanent resident in the early 1990s after his mother received asylum. In October 2000, he pleaded guilty to vehicle theft under California Vehicle Code 10851(a). Twelve years later, the Department of Homeland Security charged him with removability due to various convictions. In 2017, he applied for cancellation of removal and amended his application for asylum, which was denied by an immigration judge who found his conviction to be an aggravated felony.

Lopez-Marroquin came to the United States in the 1980s after his mother received asylum, and he became a legal permanent resident ('LPR') in the early 1990s. In October 2000, he pleaded guilty to vehicle theft in violation of California Vehicle Code 10851(a). Twelve years later, the Department of Homeland Security served him with a Notice to Appear and charged him with removability in connection with different convictions. In 2017, Lopez-Marroquin applied for LPR cancellation of removal.

Issue

Whether Lopez-Marroquin's conviction for theft of a vehicle under California Vehicle Code 10851(a) constitutes an aggravated felony under the Immigration and Nationality Act.

Rule

A lawful permanent resident is ineligible for cancellation of removal if convicted of an aggravated felony, which includes a theft offense under 8 U.S.C. 1101(a)(43)(G). The court applies a categorical approach to determine if the state offense matches the generic offense.

A lawful permanent resident is statutorily ineligible for cancellation of removal if he has been convicted of an aggravated felony. 8 U.S.C. 1229b(a)(3). Similarly, a noncitizen is ineligible for asylum if he has been convicted of a particularly serious crime, 8 U.S.C. 1158(b)(2)(A)(ii) , and for purposes of asylum, an aggravated felony is automatically a particularly serious crime, 8 U.S.C. 1158(b)(2)(B)(i).

Analysis

The court analyzed whether California Vehicle Code 10851(a) is indivisible or divisible regarding its treatment of accessories after the fact. It concluded that the statute is overbroad as it includes accessories after the fact, which do not fall under the generic theft offense. Therefore, the court held that a conviction under 10851(a) does not categorically match the generic theft offense and is not an aggravated felony.

The parties agree that 10851(a) is overbroad because it extends liability to accessories after the fact. United States v. Arriaga-Pinon , 852 F.3d 1195, 1199 (9th Cir. 2017) (' Section 10851(a) does not match the elements of the generic theft offense because it applies not only to the principals and accomplices, but also to accessories after the fact.') (citing Vidal , 504 F.3d at 1074-75).

Conclusion

The court granted Lopez-Marroquin's petition in part, ruling that his conviction under California Vehicle Code 10851(a) is not an aggravated felony.

Accordingly, we grant Lopez-Marroquin's petition in part and deny in part.

Who won?

Ricardo Lopez-Marroquin prevailed in part because the court found that his conviction under 10851(a) does not constitute an aggravated felony, allowing for potential eligibility for relief.

Ricardo Lopez-Marroquin, a native and citizen of El Salvador, challenges the Board of Immigration Appeals' ('BIA') finding that his conviction for theft of a vehicle under California Vehicle Code 10851(a) is an aggravated felony, which renders him ineligible for certain forms of relief.

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