United States Seventh Circuit

A petition for review of the BIA's affirmance of an IJ's ruling ordering petitioner removed to Mexico and finding that he was ineligible to apply for a waiver of removal under former section 212 of the INA because the aggravated felony crime of violence category under which the government sought the removal has no statutory counterpart under INA section 212(a) is denied as, once the BIA found that petitioner's crime was properly identified as an aggravated felony of violence, the only inquiry left was to determine if a substantially equivalent counterpart existed in section 212(a). Thus, defendant's argument that, although he is ineligible to apply for relief based on his crime of violence aggravated felony status, he should be allowed to apply on the alternate basis that the government also charged that his crimes were crimes involving moral turpitude is rejected as meritless.

Appellate Information

• Argued 06/02/2010
• Decided 08/11/2010
• Published 08/11/2010

Judges

• KANNE

Court

• United States Seventh Circuit

Counsel