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Keywords

jurisdictionattorneystatutehabeas corpusfelonymisdemeanorimmigration lawdeportationrespondent
jurisdictionattorneystatutehabeas corpusfelonymisdemeanorimmigration lawdeportationrespondent

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Wireko v. Reno

Facts

Petitioner was convicted of the misdemeanor offense of sexual battery and sentenced to 12 months' confinement. Following this conviction, the Attorney General issued a final administrative removal order for his deportation, citing his status as an alien convicted of an aggravated felony. The district court transferred the petition for a writ of habeas corpus to the appellate court, stating it lacked jurisdiction to review the removal order.

Petitioner was convicted of the misdemeanor offense of sexual battery and sentenced to 12 months' confinement. Following this conviction, the Attorney General issued a final administrative removal order for his deportation, citing his status as an alien convicted of an aggravated felony. The district court transferred the petition for a writ of habeas corpus to the appellate court, stating it lacked jurisdiction to review the removal order.

Issue

Whether the court had jurisdiction to review the removal order against the petitioner, who was convicted of a misdemeanor that was classified as an aggravated felony under immigration law.

Whether the court had jurisdiction to review the removal order against the petitioner, who was convicted of a misdemeanor that was classified as an aggravated felony under immigration law.

Rule

Under 8 U.S.C. 1252(a)(2)(C), no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in section 1227(a)(2)(A)(iii).

Under 8 U.S.C. 1252(a)(2)(C), no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in section 1227(a)(2)(A)(iii).

Analysis

The court applied the statutory definition of 'aggravated felony' as defined in 8 U.S.C. 1101(a)(43)(F), which includes crimes of violence for which the term of imprisonment is at least one year. Although the petitioner was convicted of a misdemeanor, the court determined that the nature of the offense qualified as a crime of violence, thus making him deportable under the relevant immigration statutes.

The court applied the statutory definition of 'aggravated felony' as defined in 8 U.S.C. 1101(a)(43)(F), which includes crimes of violence for which the term of imprisonment is at least one year. Although the petitioner was convicted of a misdemeanor, the court determined that the nature of the offense qualified as a crime of violence, thus making him deportable under the relevant immigration statutes.

Conclusion

The court dismissed Wireko's habeas corpus petition, concluding that it lacked jurisdiction to review the removal order because he had committed an aggravated felony as defined by the deportation statutes.

The court dismissed Wireko's habeas corpus petition, concluding that it lacked jurisdiction to review the removal order because he had committed an aggravated felony as defined by the deportation statutes.

Who won?

The respondent, Attorney General, prevailed in the case because the court found it lacked jurisdiction to review the removal order due to the petitioner's conviction of an aggravated felony.

The respondent, Attorney General, prevailed in the case because the court found it lacked jurisdiction to review the removal order due to the petitioner's conviction of an aggravated felony.

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