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Keywords

jurisdictionstatuteappealfelonydeportationjudicial review
jurisdictionstatuteappealfelonydeportationjudicial review

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Mendez-Morales; U.S. v.

Facts

Petitioner, convicted for sexual assault of a minor, sought judicial review of a Board of Immigration Appeals order denying him relief from deportation. An amendment to 8 U.S.C.S. 1105a precluded judicial review of orders arising from criminal convictions for aggravated felonies. The statute, 8 U.S.C.S. 1101(a)(43), had been amended to include sexual abuse of a minor within the definitional scope of 'aggravated felony.' This definitional amendment applied to actions taken after the date of its enactment.

Petitioner, convicted for sexual assault of a minor, sought judicial review of a Board of Immigration Appeals order denying him relief from deportation. An amendment to 8 U.S.C.S. 1105a precluded judicial review of orders arising from criminal convictions for aggravated felonies. The statute, 8 U.S.C.S. 1101(a)(43), had been amended to include sexual abuse of a minor within the definitional scope of 'aggravated felony.' This definitional amendment applied to actions taken after the date of its enactment.

Issue

Whether the court had jurisdiction to review the Board of Immigration Appeals' order denying relief from deportation based on the petitioner's criminal conviction for an aggravated felony.

Whether the court had jurisdiction to review the Board of Immigration Appeals' order denying relief from deportation based on the petitioner's criminal conviction for an aggravated felony.

Rule

The court interpreted 8 U.S.C. 1105a to be jurisdictional in nature and determined that it applied retroactively to cases pending on its date of enactment, thus precluding judicial review of deportation orders for aggravated felonies.

The court interpreted 8 U.S.C. 1105a to be jurisdictional in nature and determined that it applied retroactively to cases pending on its date of enactment, thus precluding judicial review of deportation orders for aggravated felonies.

Analysis

The court applied the jurisdictional rule established by the amendments to 8 U.S.C. 1105a and 1101(a)(43), which defined sexual abuse of a minor as an aggravated felony. Since the petitioner was deportable due to his conviction, and judicial review would be an 'action taken' after the enactment of the amendments, the court concluded it lacked jurisdiction to hear the appeal.

The court applied the jurisdictional rule established by the amendments to 8 U.S.C. 1105a and 1101(a)(43), which defined sexual abuse of a minor as an aggravated felony. Since the petitioner was deportable due to his conviction, and judicial review would be an 'action taken' after the enactment of the amendments, the court concluded it lacked jurisdiction to hear the appeal.

Conclusion

The appeal was dismissed for lack of jurisdiction.

The appeal was dismissed for lack of jurisdiction.

Who won?

The Board of Immigration Appeals prevailed because the court found it lacked jurisdiction to review the order denying relief from deportation based on the petitioner's aggravated felony conviction.

The Board of Immigration Appeals prevailed because the court found it lacked jurisdiction to review the order denying relief from deportation based on the petitioner's aggravated felony conviction.

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