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Keywords

jurisdictionappealfelonynaturalization

jurisdictionappealmotionfelony

Related Cases

Torres de la Cruz v. Maurer

Facts

Miguel Angel Torres de la Cruz, a native and citizen of Mexico, was admitted into the United States as a lawful permanent resident in 1992. After a conviction in 1999 for possession of cocaine, the Immigration and Naturalization Service initiated removal proceedings against him. An immigration judge found him removable based on his conviction, and the Board of Immigration Appeals upheld this decision. Torres later filed a habeas petition challenging the removal order.

This case began in December of 1999 when the INS charged that Torres was removable for committing an 'aggravated felony'… The BIA denied the motion as without merit on February 8, 2001.

Issue

The main legal issues were whether Torres's state court conviction constituted a removable offense and whether the denial of his cancellation of removal under the stop-time rule was unconstitutional.

Torres asserts four claims: (1) his state conviction is not a controlled substance offense… (4) his removal proceedings violate the Vienna Convention.

Rule

The court applied the stop-time rule under 8 U.S.C. 1229b(d)(1), which states that time stops accruing for continuous residence when an alien is served with a notice to appear or commits certain removable offenses.

The stop-time rule, as provided for in 8 U.S.C. 1229b(d)(1), is a methodology to calculate an alien's continuous physical presence or residence in the United States.

Analysis

The court determined that it lacked jurisdiction over Torres's claims regarding the removable offense and aggravated felony because he failed to exhaust these issues before the BIA. However, it retained jurisdiction over his constitutional claims regarding the stop-time rule and consular notification rights. The court found that Torres did not have a protected liberty interest in the cancellation of removal and that the stop-time rule had a rational basis.

The court determined that it lacked jurisdiction over Torres's claims regarding the removable offense and aggravated felony because he failed to exhaust these issues before the BIA.

Conclusion

The Tenth Circuit dismissed Torres's claims regarding the removable offense for lack of jurisdiction and denied the remaining claims on the merits, affirming the BIA's order of removal.

We find Torres's final two claims sufficiently raise legal or constitutional questions to confer jurisdiction to consider their merits.

Who won?

The prevailing party was the Board of Immigration Appeals, as the court upheld its order of removal and denied Torres's petition for review.

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