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statuteappealfelonyadmissibility
appealfelonyadmissibility

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Roberts v. Holder

Facts

Shaun Roberts, a native of the Bahamas, entered the United States as a non-immigrant visitor at age nine and later adjusted his status to lawful permanent resident. He has two criminal convictions: second-degree burglary in 1989 and third-degree assault in 2000, the latter of which was based on aiding and abetting. In 2011, the Department of Homeland Security initiated removal proceedings against him, citing his convictions as grounds for removability.

Shaun Roberts, a native of the Bahamas, entered the United States as a non-immigrant visitor at age nine and later adjusted his status to lawful permanent resident. He has two criminal convictions: second-degree burglary in 1989 and third-degree assault in 2000, the latter of which was based on aiding and abetting.

Issue

Did the Eighth Circuit err in affirming the Board of Immigration Appeals' determination that Roberts' third-degree assault conviction constituted an aggravated felony, rendering him ineligible for cancellation of removal?

Did the Eighth Circuit err in affirming the Board of Immigration Appeals' determination that Roberts' third-degree assault conviction constituted an aggravated felony, rendering him ineligible for cancellation of removal?

Rule

Under 8 U.S.C. 1182(h), an alien convicted of an aggravated felony is ineligible for a waiver of inadmissibility, and the definition of 'aggravated felony' includes crimes of violence as defined in 18 U.S.C. 16.

Under 8 U.S.C. 1182(h), an alien convicted of an aggravated felony is ineligible for a waiver of inadmissibility, and the definition of 'aggravated felony' includes crimes of violence as defined in 18 U.S.C. 16.

Analysis

The court determined that Roberts' conviction for third-degree assault met the criteria for an aggravated felony as it involved the use of physical force, categorizing it as a crime of violence under federal law. The court deferred to the Board of Immigration Appeals' interpretation of the statute, concluding that Roberts' argument regarding his admission status did not exempt him from the aggravated felony bar.

The court determined that Roberts' conviction for third-degree assault met the criteria for an aggravated felony as it involved the use of physical force, categorizing it as a crime of violence under federal law.

Conclusion

The Eighth Circuit denied Roberts' petition for review, affirming the Board of Immigration Appeals' decision to remove him based on his aggravated felony conviction.

The Eighth Circuit denied Roberts' petition for review, affirming the Board of Immigration Appeals' decision to remove him based on his aggravated felony conviction.

Who won?

The government prevailed in the case, as the court upheld the removal order based on Roberts' conviction being classified as an aggravated felony.

The government prevailed in the case, as the court upheld the removal order based on Roberts' conviction being classified as an aggravated felony.

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