United States First Circuit
Peralta Sauceda v. Lynch, 14-2042
In a petition for review of the Board of Immigration Appeals' (BIA) affirmance of an immigration judge's (IJ) decision that he was not eligible for cancellation of removal, based on extreme hardship to his wife and son, because he had failed to meet his burden of proving by a preponderance of the evidence that he had not previously been convicted of a crime of domestic violence in 2006, 8 U.S.C. sections 1227(a)(2)(E)(i) and 1229b(b)(1)(C), the petition is granted where, despite strong arguments to the contrary by the Government, that the issue before us is one of law and that the Supreme Court's decision in Moncrieffe v. Holder, 133 S. Ct. 1678 (2013) requires a different outcome than before.
Appellate Information
- Decided
- Published 2016/04/22
Judges
- LYNCH
Court
- United States First Circuit