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Immigration Law

BIA on Circumstance-Specific Approach, Sentencing: Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016)

Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016) - "Considering the totality of the evidence, we agree with the Immigration Judge that the DHS has established the domestic nature of the respondent’s offense by clear and convincing evidence and that the respondent is therefore removable under section 237(a)(2)(E)(i) based on his conviction for a crime of domestic violence. ... We [also] conclude that the respondent’s simple battery conviction is not for an aggravated felony within the meaning of section 101(a)(43)(F) of the Act because he was not sentenced to a term of imprisonment of at least 1 year. Consequently, the conviction does not support a finding that the respondent is removable under section 237(a)(2)(A)(iii) of the Act or that he is statutorily ineligible for cancellation of removal pursuant to section 240A(a)(3) of the Act. Accordingly, the appeal will be sustained with respect to the Immigration Judge’s finding that the respondent is removable under section 237(a)(2)(A)(iii) of the Act as an alien convicted of an aggravated felony. The respondent’s appeal will be dismissed with respect to his removability under section 237(a)(2)(E)(i) as an alien convicted of a crime of domestic violence. The record will be remanded to give the respondent an opportunity to seek relief from removal."

Hats off to David Kennedy!