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Keywords

jurisdictionstatutefelonynaturalization
jurisdictionstatutefelonynaturalization

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Ruiz-Morales v. Ashcroft

Facts

Ruiz-Morales is a native and citizen of Nicaragua, and a lawful permanent resident. In 1996, he fought with a man outside a restaurant, and after the man punched him, Ruiz-Morales bit off the top quarter of the man's ear. He was subsequently convicted of mayhem under Cal. Penal Code 203 and sentenced to a two-year term of imprisonment. The Immigration and Naturalization Service charged him with being removable as an alien convicted of an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii).

Ruiz-Morales is a native and citizen of Nicaragua, and a lawful permanent resident. In 1996, he fought with a man outside a restaurant, and after the man punched him, Ruiz-Morales bit off the top quarter of the man's ear. He was subsequently convicted of mayhem under Cal. Penal Code 203 and sentenced to a two-year term of imprisonment. The Immigration and Naturalization Service charged him with being removable as an alien convicted of an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii).

Issue

Whether the California crime of mayhem constitutes an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii), thereby depriving the court of jurisdiction to review the petition.

Whether the California crime of mayhem constitutes an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii), thereby depriving the court of jurisdiction to review the petition.

Rule

An 'aggravated felony' is defined as a crime of violence for which the term of imprisonment is at least one year, and a 'crime of violence' includes any felony that involves a substantial risk that physical force may be used in the course of committing the offense.

An 'aggravated felony' is defined as a crime of violence for which the term of imprisonment is at least one year, and a 'crime of violence' includes any felony that involves a substantial risk that physical force may be used in the course of committing the offense.

Analysis

The court determined that mayhem, as defined by Cal. Penal Code 203, involves maliciously depriving, disabling, or disfiguring another person, which inherently involves a substantial risk of physical force. The court applied the categorical approach to compare the elements of the mayhem statute with the generic definition of a crime of violence, concluding that mayhem qualifies as an aggravated felony. The court also noted that California law explicitly classifies mayhem as a violent felony.

The court determined that mayhem, as defined by Cal. Penal Code 203, involves maliciously depriving, disabling, or disfiguring another person, which inherently involves a substantial risk of physical force. The court applied the categorical approach to compare the elements of the mayhem statute with the generic definition of a crime of violence, concluding that mayhem qualifies as an aggravated felony. The court also noted that California law explicitly classifies mayhem as a violent felony.

Conclusion

The court dismissed Ruiz-Morales's petition for lack of jurisdiction, affirming that his conviction for mayhem constituted an aggravated felony.

The court dismissed Ruiz-Morales's petition for lack of jurisdiction, affirming that his conviction for mayhem constituted an aggravated felony.

Who won?

The government prevailed in the case because the court found that Ruiz-Morales's conviction for mayhem was an aggravated felony, which deprived the court of jurisdiction to review his claims.

The government prevailed in the case because the court found that Ruiz-Morales's conviction for mayhem was an aggravated felony, which deprived the court of jurisdiction to review his claims.

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