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appealhabeas corpuswillnaturalization
appealhabeas corpuswillnaturalization

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Steinhouse v. Ashcroft

Facts

Dr. Natawadee Steinhouse came to the United States as an exchange visitor from Thailand in 1970 and became a lawful permanent resident in 1971 after marrying a U.S. citizen. In 1998, she pled guilty to racketeering and selling drug samples, leading to removal proceedings initiated by the Immigration and Naturalization Service (INS). An immigration judge ordered her removal, which was affirmed by the Board of Immigration Appeals, citing her crime as particularly serious without applying the correct legal standard.

Dr. Natawadee Steinhouse came to the United States as an exchange visitor from Thailand in 1970 and became a lawful permanent resident in 1971 after marrying a U.S. citizen. In 1998, she pled guilty to racketeering and selling drug samples, leading to removal proceedings initiated by the Immigration and Naturalization Service (INS). An immigration judge ordered her removal, which was affirmed by the Board of Immigration Appeals, citing her crime as particularly serious without applying the correct legal standard.

Issue

Did the Board of Immigration Appeals err in determining that Steinhouse committed a particularly serious crime, thereby barring her from seeking withholding of removal?

Did the Board of Immigration Appeals err in determining that Steinhouse committed a particularly serious crime, thereby barring her from seeking withholding of removal?

Rule

A crime is considered 'particularly serious' based on an examination of the nature of the conviction, the type of sentence imposed, and the circumstances and underlying facts of the conviction, including whether the crime indicates that the alien will be a danger to the community.

A crime is considered 'particularly serious' based on an examination of the nature of the conviction, the type of sentence imposed, and the circumstances and underlying facts of the conviction, including whether the crime indicates that the alien will be a danger to the community.

Analysis

The court determined that the BIA failed to apply the complete set of established factors for determining whether a crime is particularly serious, specifically neglecting to consider whether Steinhouse's crime indicated she would be a danger to the community. This oversight rendered the BIA's decision arbitrary and capricious.

The court determined that the BIA failed to apply the complete set of established factors for determining whether a crime is particularly serious, specifically neglecting to consider whether Steinhouse's crime indicated she would be a danger to the community. This oversight rendered the BIA's decision arbitrary and capricious.

Conclusion

The court granted Steinhouse's writ of habeas corpus and remanded the case to the Board of Immigration Appeals for reconsideration of whether her crime was particularly serious under the correct legal standard.

The court granted Steinhouse's writ of habeas corpus and remanded the case to the Board of Immigration Appeals for reconsideration of whether her crime was particularly serious under the correct legal standard.

Who won?

Natawadee Steinhouse prevailed in the case because the court found that the BIA had erred in its legal analysis regarding the seriousness of her crime.

Natawadee Steinhouse prevailed in the case because the court found that the BIA had erred in its legal analysis regarding the seriousness of her crime.

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