Kong Meng Xiong v. Lynch, No. 16-1428 (8th Cir. 2016)
Annotate this CasePetitioner seeks review of the BIA's conclusion that he is ineligible for cancellation of removal under 8 U.S.C. 1229(b), because he had sustained a prior conviction for an aggravated felony. Although the government argued before the immigration judge and the Board that petitioner's burglary conviction also qualified as an aggravated felony under section 1101(a)(43)(G), the court may not consider whether to affirm the denial of relief on that ground, because the Board did not decide the issue. The court concluded that remand is warranted for the Board to consider in the first instance whether the burglary conviction is an aggravated felony under section 1101(a)(43)(G). Accordingly, the court granted the government's motion to remand.
Court Description: Colloton, Author, with Smith and Arnold, Circuit Judges] Petition for Review - Immigration. The government's motion to remand the case to the Board of Immigration Appeals to permit the BIA to consider in the first instance whether petitioner's burglary conviction is an aggravated felony under 8 U.S.C. Sec. 1101(a)(43(G) is granted. [ September 06, 2016
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