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Keywords

statuteprecedentdomestic violencefelonymisdemeanorparole
statuteprecedentdomestic violencefelonymisdemeanorparole

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Ramirez-Barajas v. Sessions

Facts

J. Cruz Ramirez-Barajas entered the United States in 1991 without inspection or admission. In 2001, he was convicted of misdemeanor domestic assault under Minnesota law. In 2012, the Department of Homeland Security initiated removal proceedings against him, citing his status as an alien present without admission or parole. Ramirez-Barajas conceded his removability and applied for cancellation of removal, which was denied by the Immigration Judge due to his conviction being classified as a crime of domestic violence.

Without inspection or admission, Ramirez-Barajas entered the United States in 1991. In 2001, he was convicted of misdemeanor domestic assault. The Department of Homeland Security began removal proceedings in 2012, charging him with removability as an alien present without admission or parole. Conceding removability, Ramirez-Barajas applied for cancellation of removal.

Issue

Whether Ramirez-Barajas's misdemeanor domestic assault conviction qualifies as a crime of violence under 18 U.S.C. 16(a), affecting his eligibility for cancellation of removal.

Whether Ramirez-Barajas's misdemeanor domestic assault conviction qualifies as a crime of violence under 18 U.S.C. 16(a), affecting his eligibility for cancellation of removal.

Rule

A crime of domestic violence is defined under 8 U.S.C. 1227(a)(2)(E)(i) as any crime of violence as defined in 18 U.S.C. 16, which includes the use, attempted use, or threatened use of physical force against another person.

A crime of domestic violence is defined under 8 U.S.C. 1227(a)(2)(E)(i) as any crime of violence as defined in 18 U.S.C. 16, which includes the use, attempted use, or threatened use of physical force against another person.

Analysis

The court applied the precedent set in United States v. Schaffer, which held that a conviction under the same Minnesota statute constitutes a violent felony due to its elements involving the threatened use of physical force. The court found that the language in the Minnesota statute mirrored that of the federal definition of a crime of violence, thus affirming the BIA's determination that Ramirez-Barajas's conviction was indeed a crime of violence.

The court applied the precedent set in United States v. Schaffer, which held that a conviction under the same Minnesota statute constitutes a violent felony due to its elements involving the threatened use of physical force. The court found that the language in the Minnesota statute mirrored that of the federal definition of a crime of violence, thus affirming the BIA's determination that Ramirez-Barajas's conviction was indeed a crime of violence.

Conclusion

The court denied the petitions for review, affirming the BIA's decision that Ramirez-Barajas was ineligible for cancellation of removal due to his conviction being classified as a crime of violence.

The court denied the petitions for review, affirming the BIA's decision that Ramirez-Barajas was ineligible for cancellation of removal due to his conviction being classified as a crime of violence.

Who won?

The government prevailed in the case, as the court upheld the BIA's decision that Ramirez-Barajas's conviction was a crime of violence, thereby rendering him ineligible for cancellation of removal.

The government prevailed in the case, as the court upheld the BIA's decision that Ramirez-Barajas's conviction was a crime of violence, thereby rendering him ineligible for cancellation of removal.

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