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appealfelonyimmigration law
appealfelonyimmigration law

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Quezada-Luna v. Gonzales

Facts

Miguel Quezada-Luna, a native and citizen of Mexico, became a lawful permanent resident of the United States in 1997. In March 2003, he was convicted of aggravated discharge of a firearm under 720 ILCS 5/24-1.2(a)(1). An immigration judge found him removable under 8 U.S.C. 1227(a)(2) based on this conviction, which was deemed both a firearm offense and an aggravated felony. Quezada-Luna conceded his removability but contested the classification of his offense as a 'crime of violence' before the Board of Immigration Appeals.

Miguel Quezada-Luna, a native and citizen of Mexico, became a lawful permanent resident of the United States in 1997. In March 2003, he was convicted of aggravated discharge of a firearm under 720 ILCS 5/24-1.2(a)(1). An immigration judge found him removable under 8 U.S.C. 1227(a)(2) based on this conviction, which was deemed both a firearm offense and an aggravated felony. Quezada-Luna conceded his removability but contested the classification of his offense as a 'crime of violence' before the Board of Immigration Appeals.

Issue

Whether the aggravated discharge of a firearm constitutes a 'crime of violence' under 8 U.S.C. 1101(a)(43)(F) and thus qualifies as an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii).

Whether the aggravated discharge of a firearm constitutes a 'crime of violence' under 8 U.S.C. 1101(a)(43)(F) and thus qualifies as an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii).

Rule

The term 'crime of violence' is defined by 18 U.S.C. 16 as an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used.

The term 'crime of violence' is defined by 18 U.S.C. 16 as an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Analysis

The court applied the definition of 'crime of violence' to Quezada-Luna's conviction for aggravated discharge of a firearm. It noted that the offense required the use of physical force, as it involved discharging a firearm at or into a building known to be occupied. The court found that this conduct presented a substantial risk of physical force being used against another person or property, thus satisfying the criteria for a crime of violence.

The court applied the definition of 'crime of violence' to Quezada-Luna's conviction for aggravated discharge of a firearm. It noted that the offense required the use of physical force, as it involved discharging a firearm at or into a building known to be occupied. The court found that this conduct presented a substantial risk of physical force being used against another person or property, thus satisfying the criteria for a crime of violence.

Conclusion

The court denied Quezada-Luna's petition for review, affirming the BIA's conclusion that his conviction was a crime of violence and an aggravated felony.

The court denied Quezada-Luna's petition for review, affirming the BIA's conclusion that his conviction was a crime of violence and an aggravated felony.

Who won?

The Board of Immigration Appeals prevailed because the court upheld its determination that Quezada-Luna's conviction constituted a crime of violence under immigration law.

The Board of Immigration Appeals prevailed because the court upheld its determination that Quezada-Luna's conviction constituted a crime of violence under immigration law.

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