Ramirez-Barajas v. Sessions, No. 16-4014 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit denied petitions for review of the IJ's denial of petitioner's application for cancellation of removal and the BIA's dismissal of the subsequent appeal and denial of his motion to reconsider. The court held that the BIA did not err in finding that petitioner was ineligible for cancellation of removal, nor abused its discretion in denying his motion for reconsideration, because defendant's prior conviction for misdemeanor domestic assault under the Minnesota statute was a crime of violence under 18 U.S.C. 16(a). In this case, the BIA appropriately applied this circuit's law and did not abuse its discretion.
Court Description: Benton, Author, with Loken and Gruender, Circuit Judges] Petition for Review - Immigration. This court has previously held that a misdemeanor conviction for domestic assault in violation of Minn. Stat. Sec. 609.2242, subd. 1(1) is a violent felony under the force clause of the Armed Career Criminal Act and the BIA did not err concluding the conviction was a crime of violence under 18 U.S.C. Sec. 16(a), thereby making petitioner ineligible for cancellation of removal; nor did the BIA abuse its discretion by denying petitioner's motion for reconsideration. [ December 14, 2017
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