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precedentappealfelonyprobation
jurisdictionappealfelonyprobation

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Pierre v. U.S. Attorney Gen.

Facts

Titus Patrick Louison-Pierre is a native and citizen of St. Lucia who was found removable as an alien convicted of an aggravated felony and a controlled substance offense. He argued that the IJ and BIA erred in concluding that his prior conviction was sufficiently final despite a pending direct appeal. The court noted that Louison-Pierre's conviction and sentence for violation of probation were affirmed after the briefing in this case closed.

Since briefing in this case closed, Louison-Pierre's conviction and his sentence for violation of probation were affirmed. See State v. Louison, No. A-5106-05T4, 2008 N.J. Super. Unpub. LEXIS 1777, 2008 WL 4647733 (N.J.Super.A.D. Oct. 20, 2008), cert. denied, 197 N.J. 259, 962 A.2d 530 (N.J. Dec. 15, 2008).

Issue

Did the IJ and BIA err in concluding that Louison-Pierre's prior conviction was sufficiently final for immigration purposes despite a pending direct appeal?

Louison-Pierre's primary argument is that the IJ and BIA erroneously concluded that his prior conviction on which the removal order is premised is sufficiently final despite a pending direct appeal of that conviction.

Rule

A conviction remains effective for immigration purposes even if a direct appeal is pending, as established in Garcia-Maldonado v. Gonzalez and Moosa v. INS.

This court lacks 'jurisdiction to review any final order of removal against an alien who is removable by reason of having committed' certain criminal offenses, including a controlled substance offense or an aggravated felony. 8 U.S.C. 1252(a)(2)(C) and 1227(a)(2)(A)(iii), (a)(2)(B). However, this court does have jurisdiction to review its own jurisdiction and to review constitutional claims or questions of law.

Analysis

The court applied the rule by affirming that Louison-Pierre's conviction was effective for immigration purposes, rejecting his argument that the pending appeal affected the finality of his conviction. The court referenced previous cases that established the precedent that a conviction does not lose its effect due to an appeal.

This court has rejected this argument, holding that a conviction remains effective for immigration purposes even if a direct appeal is pending. Garcia-Maldonado v. Gonzalez, 491 F.3d 284, 290 (5th Cir. 2007); see also Moosa v. INS, 171 F.3d 994, 1009 (5th Cir. 1999) (holding that '[t]here is no indication that the finality requirement imposed . . . prior to 1996, survive[d] the new definition of 'conviction' found in IIRIRA 322(a)').

Conclusion

The court denied Louison-Pierre's petition for review, affirming the BIA's decision that he was removable based on his conviction.

The petition for review is DENIED.

Who won?

The government prevailed in the case as the court upheld the BIA's decision regarding Louison-Pierre's removal based on his aggravated felony conviction.

The BIA did not err in concluding that Louison-Pierre's prior conviction was effective for immigration purposes. As an alien convicted of an aggravated felony and a controlled substance offense, Louison-Pierre was removable, as found by the BIA. See 1227(a)(2)(A)(iii) and (a)(2)(B)(i).

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