Sauceda v. Lynch, No. 14-2042 (1st Cir. 2016)
Annotate this CasePetitioner, a native and citizen of Honduras who entered the United States illegally, conceded removability but requested cancellation of removal. An immigration judge held that Petitioner was not eligible for cancellation of removal because he had failed to prove by a preponderance of the evidence that his Maine assault conviction was not a “crime of domestic violence.” The Board of Immigration Appeals (BIA) affirmed. The First Circuit initially denied Petitioner’s petition for review. Petitioner then petitioned for rehearing, presenting a developed argument based on the Supreme Court’s decision in Moncrieffe v. Holder. The First Circuit granted the petition, vacated the BIA’s decision, and remanded, holding that Moncrieffe controls in this case and that, in accordance with Moncrieffe, Petitioner was not convicted of a “crime of violence.”
This opinion or order relates to an opinion or order originally issued on October 14, 2015.
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