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Keywords

pleafelonymisdemeanorparolebeyond a reasonable doubt
felonymisdemeanorparole

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Rubio v. Sessions

Facts

Pablo Rubio, a native and citizen of El Salvador, entered the United States in August 1999 without being admitted or paroled and later secured Temporary Protected Status (TPS). He was found guilty of municipal ordinance violations in 2002 and 2003 for leaving the scene of an accident and driving with excessive blood alcohol content. In 2011, he pleaded guilty to driving with a suspended license. In 2012, USCIS withdrew his TPS, leading to removal proceedings where the BIA ultimately ruled that Rubio was ineligible for TPS due to his misdemeanor convictions.

Rubio entered the United States in August 1999 without being admitted or paroled and later secured TPS. He was judged guilty of the municipal ordinance violations at issue in 2002, for leaving the scene of an accident, and in 2003, for driving with excessive blood alcohol content.

Issue

Whether Rubio's municipal ordinance violations constituted 'convictions' under the Immigration and Nationality Act, rendering him ineligible for Temporary Protected Status.

Whether Rubio's municipal ordinance violations constituted 'convictions' under the Immigration and Nationality Act, rendering him ineligible for Temporary Protected Status.

Rule

Under 8 U.S.C. 1254a(c)(2)(B)(i), an alien is ineligible for TPS if convicted of any felony or two or more misdemeanors committed in the United States. A 'conviction' is defined in 8 U.S.C. 1101(a)(48)(A) as a formal judgment of guilt entered by a court.

An alien is ineligible for TPS if he 'has been convicted of any felony or 2 or more misdemeanors committed in the United States.' 8 U.S.C. 1254a(c)(2)(B)(i). Misdemeanor is defined as a crime punishable by the term of imprisonment prescribed in 8 C.F.R. 1244.1.

Analysis

The court applied the definition of 'conviction' to determine that Rubio's municipal ordinance violations were indeed convictions under federal law, despite being classified as civil matters under Missouri law. The BIA's conclusion that these violations were criminal in nature was supported by the requirement that guilt be proven beyond a reasonable doubt, thus meeting the federal definition of a misdemeanor.

Applying these standards, we agree with the BIA that Rubio's two convictions for municipal ordinance violations were 'convictions' under 1101(a)(48)(A).

Conclusion

The court affirmed the BIA's decision, concluding that Rubio's two municipal ordinance violations were 'convictions' under the INA, making him ineligible for TPS.

The court affirmed the BIA's decision, concluding that Rubio's two municipal ordinance violations were 'convictions' under the INA, making him ineligible for TPS.

Who won?

The government prevailed in the case, as the court upheld the BIA's determination that Rubio's municipal violations constituted convictions under the INA, thus disqualifying him from TPS.

The government prevailed in the case, as the court upheld the BIA's determination that Rubio's municipal violations constituted convictions under the INA, thus disqualifying him from TPS.

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