Jima v. Barr, No. 19-1104 (8th Cir. 2019)
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Whether a conviction for a particular state offense qualifies as a basis for removability as an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii) is a question of law under de novo review. The Eighth Circuit denied a petition for review of the BIA's final order of removal. The BIA granted DHS's appeal of an IJ's order granting petitioner deferral of removal under the Convention Against Torture (CAT).
The Eighth Circuit held that defendant's conviction for willful injury causing bodily harm was a crime of violence in satisfaction of 18 U.S.C. 16(a) and a valid basis for removal under 8 U.S.C. 1227(a)(2)(A)(iii) because it was impossible to cause bodily injury without applying the force necessary to cause the injury. The court held that the BIA conducted a logical, clear error analysis and reached a permissible conclusion.
Court Description: Grasz, Author, with Gruender and Arnold, Circuit Judges] Petition for Review - Immigration. Whether a conviction for a particular state offense qualifies as a basis for removability as an aggravated felony under 8 U.S.C. Sec. 1227(a)(2)(A)(iii) is a question of law the court reviews de novo; petitioner's conviction under Iowa Code Sec. 708.4(2) for willful injury causing bodily harm was a crime of violence for purposes of 18 U.S.C. Sec. 16(a) and a valid basis for removal under 8 U.S.C. Sec. 1227(a)(2)(A)(iii); the BIA correctly reviewed and permissibly reversed the IJ's decision under the clear error standard.
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