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attorneyfelonyprobationimmigration lawcase lawprobation violationpiracy
attorneyfelonyprobationimmigration lawcase lawprobation violationpiracy

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Vaca-Tellez v. Mukasey

Facts

Jose Manuel Vaca-Tellez, a citizen of Mexico and lawful permanent resident since 1978, was charged with burglary in Illinois in 2002 for entering a motor vehicle with the intent to commit theft. He pled guilty and was sentenced to eighteen months' probation, which he violated shortly after. After being sentenced to three years' imprisonment for the probation violation, U.S. Immigration and Customs Enforcement initiated removal proceedings against him, asserting he was an aggravated felon under immigration law.

Jose Manuel Vaca-Tellez, a citizen of Mexico and lawful permanent resident since 1978, was charged with burglary in Illinois in 2002 for entering a motor vehicle with the intent to commit theft. He pled guilty and was sentenced to eighteen months' probation, which he violated shortly after. After being sentenced to three years' imprisonment for the probation violation, U.S. Immigration and Customs Enforcement initiated removal proceedings against him, asserting he was an aggravated felon under immigration law.

Issue

Whether Vaca-Tellez's conviction for burglary to a motor vehicle constituted an aggravated felony under the Immigration and Nationality Act, thus making him subject to removal.

Whether Vaca-Tellez's conviction for burglary to a motor vehicle constituted an aggravated felony under the Immigration and Nationality Act, thus making him subject to removal.

Rule

Under 8 U.S.C. 1101(a)(43)(G) and (U), an aggravated felony includes a theft offense or burglary offense for which the term of imprisonment is at least one year, and an attempt or conspiracy to commit any of the listed offenses also qualifies as an aggravated felony.

Under 8 U.S.C. 1101(a)(43)(G) and (U), an aggravated felony includes a theft offense or burglary offense for which the term of imprisonment is at least one year, and an attempt or conspiracy to commit any of the listed offenses also qualifies as an aggravated felony.

Analysis

The court determined that Vaca-Tellez's conviction for burglary with intent to commit theft met the definition of an aggravated felony because it was classified as an attempted theft offense under the INA. The court referenced prior case law, specifically Martinez-Garcia, which established that such a conviction under Illinois law constituted an aggravated felony due to the substantial step taken towards committing theft.

The court determined that Vaca-Tellez's conviction for burglary with intent to commit theft met the definition of an aggravated felony because it was classified as an attempted theft offense under the INA. The court referenced prior case law, specifically Martinez-Garcia, which established that such a conviction under Illinois law constituted an aggravated felony due to the substantial step taken towards committing theft.

Conclusion

The court upheld the BIA's decision, concluding that Vaca-Tellez was removable as an aggravated felon and denied his petition for review.

The court upheld the BIA's decision, concluding that Vaca-Tellez was removable as an aggravated felon and denied his petition for review.

Who won?

The U.S. Attorney General prevailed in the case, as the court found no legal errors in the BIA's determination that Vaca-Tellez's conviction constituted an aggravated felony.

The U.S. Attorney General prevailed in the case, as the court found no legal errors in the BIA's determination that Vaca-Tellez's conviction constituted an aggravated felony.

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