Matos-Santana v. Holder, No. 10-2373 (1st Cir. 2011)
Annotate this CasePetitioner, a citizen of the Dominican Republic, entered the U.S. in 1982 and became a lawful permanent resident. About 10 years later he pled guilty to armed robbery. Later he pled guilty to auto-stripping. Upon his return from a 2003 trip he was denied readmission, then paroled. During removal proceedings petitioner conceded that second-degree robbery was a crime of moral turpitude, but contended that his conviction should be waived under former 8 U.S.C. 1182(c)). The immigration judge rejected the argument, finding that auto-stripping is also a crime of moral turpitude. The BIA affirmed and petitioner was removed. In 2010 petitioner requested that the BIA reopen in light of the 2010 Supreme Court decision, Padilla v. Kentucky. Petitioner claimed ineffective assistance of counsel because his attorney did not inform him of the immigration consequences of a guilty plea. The BIA denied the motion. The First Circuit denied appeal. Aliens have a right to move to reopen removal proceedings, 8 U.S.C. 1229a(c)(7)(A), within 90 days of a final order. The BIA was within its discretion in refusing to waive the limit, given that petitioner made no attempt to have his state law convictions overturned.
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