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burden of prooffelonynaturalization
burden of prooffelonynaturalization

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Sandoval-Lua v. Gonzales

Facts

Lua is a native and citizen of Mexico who was admitted into the United States as a lawful immigrant. He was convicted in California for violating Cal. Health & Safety Code 11379(a) and sentenced to three years imprisonment. The Immigration and Naturalization Service (INS) charged him with removability based on this conviction, and although the INS initially alleged that Lua's conviction rendered him removable as an aggravated felony, they later withdrew that charge. Lua sought cancellation of removal, arguing that his conviction did not constitute an aggravated felony.

Lua is a native and citizen of Mexico who was admitted into the United States as a lawful immigrant. He was convicted in California for violating Cal. Health & Safety Code 11379(a) and sentenced to three years imprisonment. The Immigration and Naturalization Service (INS) charged him with removability based on this conviction, and although the INS initially alleged that Lua's conviction rendered him removable as an aggravated felony, they later withdrew that charge. Lua sought cancellation of removal, arguing that his conviction did not constitute an aggravated felony.

Issue

Whether Lua has demonstrated that his prior state conviction under California Health & Safety Code 11379(a) is not an 'aggravated felony' as defined in the Immigration and Nationality Act (INA).

Whether Lua has demonstrated that his prior state conviction under California Health & Safety Code 11379(a) is not an 'aggravated felony' as defined in the Immigration and Nationality Act (INA).

Rule

An alien must meet three requirements to be eligible for cancellation of removal: (1) has been an alien lawfully admitted for permanent resident for not less than five years, (2) has resided in the United States continuously for seven years after having been admitted in any status, and (3) has not been convicted of any aggravated felony.

An alien must meet three requirements to be eligible for cancellation of removal: (1) has been an alien lawfully admitted for permanent resident for not less than five years, (2) has resided in the United States continuously for seven years after having been admitted in any status, and (3) has not been convicted of any aggravated felony.

Analysis

The court applied the principles of Taylor v. United States to determine whether Lua's conviction under California Health & Safety Code 11379(a) categorically qualifies as an aggravated felony under 8 U.S.C. 1101(a)(43)(B). The court concluded that 11379(a) is categorically broader than the definition of aggravated felony, and the judicially noticeable documents in the administrative record satisfied Lua's burden of establishing by a preponderance of the evidence that his conviction did not constitute an aggravated felony.

The court applied the principles of Taylor v. United States to determine whether Lua's conviction under California Health & Safety Code 11379(a) categorically qualifies as an aggravated felony under 8 U.S.C. 1101(a)(43)(B). The court concluded that 11379(a) is categorically broader than the definition of aggravated felony, and the judicially noticeable documents in the administrative record satisfied Lua's burden of establishing by a preponderance of the evidence that his conviction did not constitute an aggravated felony.

Conclusion

The court granted Lua's petition and remanded the case to the BIA for further proceedings.

The court granted Lua's petition and remanded the case to the BIA for further proceedings.

Who won?

Petitioner, Victor Manuel Sandoval-Lua, prevailed because the court found that he met his burden of proof to establish that his conviction did not constitute an aggravated felony.

Petitioner, Victor Manuel Sandoval-Lua, prevailed because the court found that he met his burden of proof to establish that his conviction did not constitute an aggravated felony.

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