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CA3 on Definition of 'Crime' in INA: Castillo v. Atty. Gen. (Castillo II)

September 03, 2013 (1 min read)

"This immigration matter has already been before this Court once before on a petition for review. Bernardo Castillo previously petitioned for review of a decision of the Board of Immigration Appeals (“BIA”), which dismissed his appeal from an order of the Immigration Judge (“IJ”) denying his application for cancellation of removal pursuant to 8 U.S.C. 1229b(a). Granting his petition, we remanded this matter to the BIA for it to determine whether Castillo—who was found guilty by a municipal court of shoplifting, a disorderly persons offense under New Jersey law—was thereby “‘convicted of [a] crime[ ]” within the meaning of 8 U.S.C. § 1227(a)(2)(A)(ii). On remand, the BIA concluded that this finding of guilt constituted a conviction under 8 U.S.C. § 1101(a)(48)(A) and, therefore, a crime under § 1227(a)(2)(A)(ii). The BIA accordingly dismissed Castillo’s administrative appeal, and Castillo filed another petition for review. For the second time in this case, we will grant his petition for review and remand for further proceedings consistent with this opinion." - Castillo v. Attorney General, Sept. 3, 2013.  [Hats off to Micaela M. Alvarez and Francis X. Geier!]