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plealeasefelony
plealeasefelony

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Sareang Ye v. Immigration and Naturalization Service

Facts

Petitioner, a permanent legal resident, pleaded guilty to two charges of vehicle burglary under Cal. Penal Code 459. Upon petitioner's release from prison, he was found to be subject to removal under 8 U.S.C.S. 1227(a)(2)(A)(iii) for having committed an aggravated felony. The board determined that petitioner's conviction qualified as a burglary and that it constituted a 'crime of violence' under 8 U.S.C.S. 1101(a)(43)(F).

Petitioner, a permanent legal resident, pleaded guilty to two charges of vehicle burglary under Cal. Penal Code 459. Upon petitioner's release from prison, he was found to be subject to removal under 8 U.S.C.S. 1227(a)(2)(A)(iii) for having committed an aggravated felony. The board determined that petitioner's conviction qualified as a burglary and that it constituted a 'crime of violence' under 8 U.S.C.S. 1101(a)(43)(F).

Issue

Whether the petitioner's conviction for vehicle burglary qualifies as an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(G) or as a 'crime of violence' under 8 U.S.C. 1101(a)(43)(F).

Whether the petitioner's conviction for vehicle burglary qualifies as an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(G) or as a 'crime of violence' under 8 U.S.C. 1101(a)(43)(F).

Rule

Under 8 U.S.C. 1101(a)(43)(G), the term 'aggravated felony' means, among other things, a 'burglary offense for which the term of imprisonment [is] at least one year.' The term 'crime of violence' is defined in 18 U.S.C. 16.

Under 8 U.S.C. 1101(a)(43)(G), the term 'aggravated felony' means, among other things, a 'burglary offense for which the term of imprisonment [is] at least one year.' The term 'crime of violence' is defined in 18 U.S.C. 16.

Analysis

The court applied the uniform definition of burglary as the 'unlawful or unprivileged entry into, or remaining in, a building or structure, with intent to commit a crime.' The court found that vehicle burglary does not meet this definition, as entry into a locked vehicle is not inherently violent. The court also rejected the argument that vehicle burglary involves a substantial risk of physical force, noting that there are many ways to commit vehicle burglary without using force.

The court applied the uniform definition of burglary as the 'unlawful or unprivileged entry into, or remaining in, a building or structure, with intent to commit a crime.' The court found that vehicle burglary does not meet this definition, as entry into a locked vehicle is not inherently violent. The court also rejected the argument that vehicle burglary involves a substantial risk of physical force, noting that there are many ways to commit vehicle burglary without using force.

Conclusion

The court concluded that the petitioner's conviction for vehicular burglary did not constitute an aggravated felony, and therefore, he was not removable.

The court concluded that the petitioner's conviction for vehicular burglary did not constitute an aggravated felony, and therefore, he was not removable.

Who won?

Petitioner prevailed because the court found that his conviction for vehicular burglary did not meet the definition of an aggravated felony.

Petitioner prevailed because the court found that his conviction for vehicular burglary did not meet the definition of an aggravated felony.

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