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Keywords

statuteappealimmigration law
statuteimmigration law

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Saleh v. Gonzales

Facts

Saleh, a native and citizen of Yemen, was admitted to the United States as a lawful permanent resident in 1990. In 1993, he was convicted in a California state court of receiving stolen property, which is a removable offense under federal immigration law. In an attempt to avoid the adverse immigration consequences of this conviction, Saleh obtained an amendment of the judgment so that he was instead convicted of petty theft, which is not a removable offense. However, the Board of Immigration Appeals determined that the amendment was made solely to circumvent immigration laws and did not remedy any substantive or procedural defect in the original conviction.

Saleh, a native and citizen of Yemen, was admitted to the United States as a lawful permanent resident in 1990. In 1993, he was convicted in a California state court of receiving stolen property, which is a removable offense under federal immigration law. In an attempt to avoid the adverse immigration consequences of this conviction, Saleh obtained an amendment of the judgment so that he was instead convicted of petty theft.

Issue

Did the BIA err in concluding that Saleh remains 'convicted' of a removable offense for federal immigration purposes even though the state court amended its judgment of conviction?

Did the BIA err in concluding that Saleh remains 'convicted' of a removable offense for federal immigration purposes even though the state court amended its judgment of conviction?

Rule

The BIA's interpretation of the Immigration and Nationality Act (INA) distinguishes between convictions vacated on the merits and those vacated for other reasons, such as to avoid immigration hardships. A conviction remains valid for immigration purposes if the amendment was not based on any procedural or substantive defect in the original conviction.

The BIA's interpretation of the Immigration and Nationality Act (INA) distinguishes between convictions vacated on the merits and those vacated for other reasons, such as to avoid immigration hardships.

Analysis

The court analyzed whether the BIA's interpretation of the INA was reasonable. It concluded that the BIA's determination that Saleh remained 'convicted' of a removable offense was rational and consistent with the statute, as the amendment to his conviction was made solely to avoid immigration consequences and did not indicate any defect in the original conviction.

The court analyzed whether the BIA's interpretation of the INA was reasonable. It concluded that the BIA's determination that Saleh remained 'convicted' of a removable offense was rational and consistent with the statute.

Conclusion

The court denied Saleh's petition for review, affirming the BIA's decision that he remained convicted of a removable offense.

The court denied Saleh's petition for review, affirming the BIA's decision that he remained convicted of a removable offense.

Who won?

The government prevailed in the case because the court upheld the BIA's interpretation that Saleh's amendment of his conviction did not negate his status as convicted for immigration purposes.

The government prevailed in the case because the court upheld the BIA's interpretation that Saleh's amendment of his conviction did not negate his status as convicted for immigration purposes.

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