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appealfelonynaturalizationrespondent
appealfelonynaturalizationrespondent

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Solorzano-Patlan v. Immigration and Naturalization Service

Facts

Petitioner was convicted of burglary under 720 Ill. Comp. Stat. 5/19-1(a), based on unauthorized entry into a vehicle. Respondent Immigration and Naturalization Service initiated removal proceedings, alleging petitioner was an aggravated felon deportable under 8 U.S.C.S. 1227(a)(2)(A)(iii). An immigration judge found petitioner was an aggravated felon, and the Board of Immigration Appeals affirmed. Petitioner appealed the ruling.

Petitioner was convicted of burglary under 720 Ill. Comp. Stat. 5/19-1(a), based on unauthorized entry into a vehicle. Respondent Immigration and Naturalization Service initiated removal proceedings, alleging petitioner was an aggravated felon deportable under 8 U.S.C.S. 1227(a)(2)(A)(iii). An immigration judge found petitioner was an aggravated felon, and the Board of Immigration Appeals affirmed. Petitioner appealed the ruling.

Issue

Whether Solorzano-Patlan's conduct which resulted in a conviction pursuant to 720 Ill. Comp. Stats. 5/19-1(a) is an 'aggravated felony' as that term is defined in 8 U.S.C. sec. 1227(a)(2)(A)(iii).

Whether Solorzano-Patlan's conduct which resulted in a conviction pursuant to 720 Ill. Comp. Stats. 5/19-1(a) is an 'aggravated felony' as that term is defined in 8 U.S.C. sec. 1227(a)(2)(A)(iii).

Rule

The INA defines 'aggravated felony' as including a 'burglary offense for which the term of imprisonment [is] at least one year.' 8 U.S.C. sec. 1101(a)(43)(G).

The INA defines 'aggravated felony' as including a 'burglary offense for which the term of imprisonment [is] at least one year.' 8 U.S.C. sec. 1101(a)(43)(G).

Analysis

The court applied the rule by examining whether Solorzano-Patlan's conviction for burglary of a motor vehicle met the generic definition of burglary, which requires unlawful entry into a building or structure. The court found that since the petitioner burglarized a motor vehicle and not a building or structure, his conviction did not qualify as a 'burglary offense' under the INA.

The court applied the rule by examining whether Solorzano-Patlan's conviction for burglary of a motor vehicle met the generic definition of burglary, which requires unlawful entry into a building or structure. The court found that since the petitioner burglarized a motor vehicle and not a building or structure, his conviction did not qualify as a 'burglary offense' under the INA.

Conclusion

The court vacated the decision and remanded for further proceedings, concluding that Solorzano-Patlan's burglary conviction was not an aggravated felony.

The court vacated the decision and remanded for further proceedings, concluding that Solorzano-Patlan's burglary conviction was not an aggravated felony.

Who won?

Petitioner, Solorzano-Patlan, prevailed because the court determined that his burglary conviction did not meet the definition of an aggravated felony under the INA.

Petitioner, Solorzano-Patlan, prevailed because the court determined that his burglary conviction did not meet the definition of an aggravated felony under the INA.

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