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Cesar Zambrano De La Cruz v. Michael B. Mukasey
Date: 05-07-2009
Case Number: 07-3416
Judge: Per Curiam
Court: United States Court of Appeals for the Eighth Circuit on appeal from the Board of Immigration Appeals, St. Louis
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Cesar Gerardo Zambrano De La Cruz (Cesar), a native of Mexico, petitions for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge's (IJ's) order of removal and denial of cancellation of removal.
After careful review of the record, see Dalton v. Ashcroft, 257 F.3d 200, 203-05 (2d Cir. 2001) (standard of review), we conclude that as an alien who was convicted of an aggravated felony--first-degree criminal damage to property under Minn. Stat. § 609.595.1(3) (2001)--Cesar is removable, see 8 U.S.C. § 1227(a)(2)(A)(iii) (aggravated-felony conviction renders alien removable); 8 U.S.C. § 1101(a)(43)(F) (aggravated felony includes crime of violence for which term of imprisonment is at least one year); 18 U.S.C. § 16(b) (crime of violence is, inter alia, offense that by its nature involves substantial risk that physical force against person or property of another may be used in course of committing offense); cf. Leocal v. Ashcroft, 543 U.S. 1, 9-11 (2004) (question to determine whether offense is crime of violence under § 16 is whether offender risks having to use physical force in committing offense), and he is statutorily ineligible for cancellation of removal, see 8 U.S.C. § 1229b(a) (aggravated-felony conviction renders alien ineligible for cancellation of removal).
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See: http://www.ca8.uscourts.gov/opndir/09/05/073416U.pdf
After careful review of the record, see Dalton v. Ashcroft, 257 F.3d 200, 203-05 (2d Cir. 2001) (standard of review), we conclude that as an alien who was convicted of an aggravated felony--first-degree criminal damage to property under Minn. Stat. § 609.595.1(3) (2001)--Cesar is removable, see 8 U.S.C. § 1227(a)(2)(A)(iii) (aggravated-felony conviction renders alien removable); 8 U.S.C. § 1101(a)(43)(F) (aggravated felony includes crime of violence for which term of imprisonment is at least one year); 18 U.S.C. § 16(b) (crime of violence is, inter alia, offense that by its nature involves substantial risk that physical force against person or property of another may be used in course of committing offense); cf. Leocal v. Ashcroft, 543 U.S. 1, 9-11 (2004) (question to determine whether offense is crime of violence under § 16 is whether offender risks having to use physical force in committing offense), and he is statutorily ineligible for cancellation of removal, see 8 U.S.C. § 1229b(a) (aggravated-felony conviction renders alien ineligible for cancellation of removal).
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See: http://www.ca8.uscourts.gov/opndir/09/05/073416U.pdf
Outcome:
Accordingly, we deny the petition for review.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Cesar Zambrano De La Cruz v. Michael B. Mukasey?
The outcome was: Accordingly, we deny the petition for review.
Which court heard Cesar Zambrano De La Cruz v. Michael B. Mukasey?
This case was heard in United States Court of Appeals for the Eighth Circuit on appeal from the Board of Immigration Appeals, St. Louis, MO. The presiding judge was Per Curiam.
When was Cesar Zambrano De La Cruz v. Michael B. Mukasey decided?
This case was decided on May 7, 2009.