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Keywords

statuteappealpleafelonydeportation
statuteappealpleafelonydeportation

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Phong Thanh Nguyen v. Chertoff

Facts

Phong Thanh Nguyen entered the United States as a refugee from Vietnam in 1987 and became a legal permanent resident in 1988. In 1989, he pleaded guilty to the rape of a five-year-old child, which rendered him deportable for committing a crime of moral turpitude. A state judge issued a JRAD to shield him from deportation. However, subsequent changes in the law retroactively expanded the definition of aggravated felony to include the rape of a minor, leading to the initiation of removal proceedings against him.

Phong Thanh Nguyen entered the United States as a refugee from Vietnam in 1987 and became a legal permanent resident in 1988. In 1989, he pleaded guilty to the rape of a five-year-old child, which rendered him deportable for committing a crime of moral turpitude. A state judge issued a JRAD to shield him from deportation. However, subsequent changes in the law retroactively expanded the definition of aggravated felony to include the rape of a minor, leading to the initiation of removal proceedings against him.

Issue

Whether the judicial recommendation against deportation (JRAD) obtained by the alien protects him from deportation under the expanded definition of aggravated felony.

Whether the judicial recommendation against deportation (JRAD) obtained by the alien protects him from deportation under the expanded definition of aggravated felony.

Rule

The JRAD statute provides that the provisions regarding deportation of an alien convicted of a crime shall not apply if the court issues a recommendation against deportation, but this protection is limited to the grounds specified in the statute at the time of the JRAD.

The JRAD statute provides that the provisions regarding deportation of an alien convicted of a crime shall not apply if the court issues a recommendation against deportation, but this protection is limited to the grounds specified in the statute at the time of the JRAD.

Analysis

The court analyzed the statutory texts and determined that the JRAD provided protection against deportation for crimes of moral turpitude but did not extend to new grounds for deportation created by the retroactive expansion of the definition of aggravated felony. The court concluded that the JRAD did not shield Nguyen from deportation as an aggravated felon under the new definition.

The court analyzed the statutory texts and determined that the JRAD provided protection against deportation for crimes of moral turpitude but did not extend to new grounds for deportation created by the retroactive expansion of the definition of aggravated felony. The court concluded that the JRAD did not shield Nguyen from deportation as an aggravated felon under the new definition.

Conclusion

The court granted Nguyen's petition for review and remanded the case to the Board of Immigration Appeals with directions to give effect to the JRAD.

The court granted Nguyen's petition for review and remanded the case to the Board of Immigration Appeals with directions to give effect to the JRAD.

Who won?

Phong Thanh Nguyen prevailed in the case because the court recognized the validity of his JRAD and its applicability to his deportation proceedings.

Phong Thanh Nguyen prevailed in the case because the court recognized the validity of his JRAD and its applicability to his deportation proceedings.

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