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Keywords

defendantstatutefelonyprobationimmigration lawdeportation
statuteappealfelonydeportation

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Van Don Nguyen v. Holder

Facts

Petitioner is a native and citizen of Vietnam who came to the United States in 1975 as a teenager. He currently lives in Michigan, is married to a permanent resident, and his children are United States citizens. Nguyen was charged in a four-count criminal information in March 1990. The counts involved possession of a controlled substance, auto theft and two other counts that were subsequently dismissed. Nguyen was convicted of the cocaine possession charge and auto theft charge. He was sentenced to a three-year suspended sentence on the auto theft charge and three years probation on the drug charge and served less than one year in the county jail. Nguyen does not dispute that the auto theft conviction is considered an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(F) of the Immigration and Nationality Act based on the fact that the conviction subjected him to more than one year in prison, even though he served less than one year of jail time.

Petitioner is a native and citizen of Vietnam who came to the United States in 1975 as a teenager. He currently lives in Michigan, is married to a permanent resident, and his children are United States citizens. Nguyen was charged in a four-count criminal information in March 1990. The counts involved possession of a controlled substance, auto theft and two other counts that were subsequently dismissed.

Issue

Whether the unauthorized use of an automobile constitutes a 'crime of violence' under 18 U.S.C. 16(b).

This appeal raises the issue of whether the unauthorized use of an automobile constitutes a 'crime of violence' under 18 U.S.C. 16(b).

Rule

Under the Immigration and Nationality Act, '[a]ny alien who is convicted of an aggravated felony at any time after admission is deportable.' 8 U.S.C. 1227(a)(2)(A)(iii). The definition of the phrase 'crime of violence' in 18 U.S.C. 16(b) is incorporated by reference throughout federal criminal and immigration laws.

Under the Immigration and Nationality Act, '[a]ny alien who is convicted of an aggravated felony at any time after admission is deportable.' 8 U.S.C. 1227(a)(2)(A)(iii).

Analysis

The court examined the elements of the offense of auto theft under California law and determined that the statute does not explicitly require the use of physical force to take the property. The court noted that while there may be some risk of physical force being used in the course of committing auto theft, it did not find that this risk was substantial enough to classify the offense as a 'crime of violence' under 18 U.S.C. 16(b). The court emphasized the importance of the rule of lenity, which dictates that any ambiguity in the statute should be resolved in favor of the defendant.

For the reasons that follow, we hold that the theft of an automobile under the California grand theft statute is not a 'crime of violence' under 18 U.S.C. 16(b). The most succinct reason for our conclusion is that the statute in question regarding the 'crime of violence,' as well as the California auto theft statute, is ambiguous and our decision must take into account the 'rule of lenity.'

Conclusion

The court held that auto theft was not a crime of violence and remanded the case to the Board for further proceedings.

For the reasons that follow, we hold that the theft of an automobile under the California grand theft statute is not a 'crime of violence' under 18 U.S.C. 16(b).

Who won?

Nguyen prevailed in the case because the court found that his conviction for auto theft did not meet the definition of a 'crime of violence' under federal law, thus preventing his deportation.

Nguyen prevailed in the case because the court found that his conviction for auto theft did not meet the definition of a 'crime of violence' under federal law, thus preventing his deportation.

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