United States Ninth Circuit

Petition for review of the Board of Immigration Appeals' (BIA) decision denying petitioner's application for adjustment of status is dismissed in part and denied in part, where: 1) the BIA properly chose not to apply the categorical approach when making a discretionary determination regarding whether petitioner's sexual battery conviction triggered the heightened standard under Matter of Jean; 2) determination of whether a crime is violent or dangerous under Matter of Jean is discretionary and therefore unreviewable under 8 U.S.C. section 1252(a)(2)(B); 3) the Matter of Jean standard extends to applications for adjustment under 8 U.S.C. section 1255(i); and 4) the Matter of Jean standard applies to cases previously governed by Matter of Arai provided that the alien was convicted of a violent or dangerous crime.

Appellate Information

• Decided 09/05/2014
• Published 09/05/2014

Judges

• Clifton

Court

• United States Ninth Circuit

Counsel