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Keywords

jurisdictionstatuteappealfelonyadmissibility
jurisdictionstatuteappealfelonyadmissibility

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Spacek v. Holder

Facts

Spacek was born in Czechoslovakia and entered the United States as a refugee in 1984, becoming a lawful permanent resident in 1985. He was convicted of felony theft in 1987, simple assault in 1995, and racketeering in 2010. Following his 2010 conviction, the Department of Homeland Security initiated removal proceedings against him, leading to his application for cancellation of removal and a waiver of inadmissibility, which were denied by the Board of Immigration Appeals.

Spacek was born in Czechoslovakia. He entered the United States as a refugee on July 18, 1984 and was lawfully admitted as a permanent resident pursuant to the Refugee Act of 1980 on October 18, 1985. Spacek was convicted of felony theft in Minnesota in 1987, of simple assault in North Dakota in 1995, and of racketeering in North Dakota in 2010. After learning of Spacek's 2010 conviction, the Department of Homeland Security ('DHS') initiated removal proceedings.

Issue

Whether Spacek's racketeering conviction constituted an aggravated felony and whether he was eligible for a waiver of inadmissibility under 8 U.S.C. 1182(h).

Whether Spacek's racketeering conviction constituted an aggravated felony and whether he was eligible for a waiver of inadmissibility under 8 U.S.C. 1182(h).

Rule

An aggravated felony is defined under 8 U.S.C. 1101(a)(43)(J) to include offenses described in section 1962 of title 18, United States Code, which prohibits racketeering activity affecting interstate or foreign commerce.

An aggravated felony is defined under 8 U.S.C. 1101(a)(43)(J) to include offenses described in section 1962 of title 18, United States Code, which prohibits racketeering activity affecting interstate or foreign commerce.

Analysis

The court determined that Spacek's racketeering conviction qualified as an aggravated felony because the interstate commerce element of its federal counterpart was merely a jurisdictional basis and not essential to whether the state crime was an aggravated felony. The court also noted that the definitions of 'admission' and 'lawfully admitted for permanent residence' under the relevant statutes indicated that Spacek was ineligible for a waiver of inadmissibility due to his aggravated felony conviction.

The court determined that Spacek's racketeering conviction qualified as an aggravated felony because the interstate commerce element of its federal counterpart was merely a jurisdictional basis and not essential to whether the state crime was an aggravated felony. The court also noted that the definitions of 'admission' and 'lawfully admitted for permanent residence' under the relevant statutes indicated that Spacek was ineligible for a waiver of inadmissibility due to his aggravated felony conviction.

Conclusion

The court denied Spacek's petition for review, affirming the Board of Immigration Appeals' decision that he was ineligible for cancellation of removal and the waiver of inadmissibility.

The court denied Spacek's petition for review, affirming the Board of Immigration Appeals' decision that he was ineligible for cancellation of removal and the waiver of inadmissibility.

Who won?

The government prevailed in the case because the court upheld the Board of Immigration Appeals' determination that Spacek's conviction was an aggravated felony, rendering him ineligible for the relief he sought.

The government prevailed in the case because the court upheld the Board of Immigration Appeals' determination that Spacek's conviction was an aggravated felony, rendering him ineligible for the relief he sought.

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