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Renteria-Morales v. Mukasey

Facts

Alien A became a lawful permanent resident of the United States in 1990 and pled guilty in 1998 to a violation of 18 U.S.C. 3146 for failing to appear in court after being released in connection with a drug charge. Alien B, a lawful permanent resident since 1967, was indicted for drug offenses in 1973, fled to Mexico while on bail, and was later arrested for failing to appear in court. The IJ determined that alien A's conviction did not meet the criteria for an aggravated felony, while alien B's conviction did qualify as such.

Alien A became a lawful permanent resident of the United States in 1990 and pled guilty in 1998 to a violation of 18 U.S.C. 3146 for failing to appear in court after being released in connection with a drug charge. Alien B, a lawful permanent resident since 1967, was indicted for drug offenses in 1973, fled to Mexico while on bail, and was later arrested for failing to appear in court. The IJ determined that alien A's conviction did not meet the criteria for an aggravated felony, while alien B's conviction did qualify as such.

Issue

Whether a conviction for failure to appear in court in violation of 18 U.S.C. 3146 is categorically an aggravated felony as defined by 8 U.S.C. 1101(a)(43)(S) or (T).

Whether a conviction for failure to appear in court in violation of 18 U.S.C. 3146 is categorically an aggravated felony as defined by 8 U.S.C. 1101(a)(43)(S) or (T).

Rule

The court applied the categorical approach prescribed by Taylor v. United States to determine if a violation of 3146 constitutes an aggravated felony under the Immigration and Nationality Act.

The court applied the categorical approach prescribed by Taylor v. United States to determine if a violation of 3146 constitutes an aggravated felony under the Immigration and Nationality Act.

Analysis

The court analyzed the elements of the generic federal crime of failure to appear and compared them to the specific crime of conviction under 3146. It concluded that alien A's conviction did not meet the definition of an aggravated felony because the government failed to prove all elements of the generic crime. In contrast, alien B's conviction was found to meet the criteria for an aggravated felony under the obstruction of justice provision.

The court analyzed the elements of the generic federal crime of failure to appear and compared them to the specific crime of conviction under 3146. It concluded that alien A's conviction did not meet the definition of an aggravated felony because the government failed to prove all elements of the generic crime. In contrast, alien B's conviction was found to meet the criteria for an aggravated felony under the obstruction of justice provision.

Conclusion

The petition for review was granted with regard to alien A and denied with regard to alien B.

The petition for review was granted with regard to alien A and denied with regard to alien B.

Who won?

Alien A prevailed because the court found that the government did not establish that her conviction constituted an aggravated felony. Alien B did not prevail as her conviction was affirmed as an aggravated felony.

Alien A prevailed because the court found that the government did not establish that her conviction constituted an aggravated felony. Alien B did not prevail as her conviction was affirmed as an aggravated felony.

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