Da Silva Neto v. Holder, ., No. 11-1847 (1st Cir. 2012)Annotate this Case
Petitioner, a citizen of Brazil, entered the U.S. without inspection in 1994 with his wife. They had two children, both U.S. citizens, then separated. In 2006 petitioner kicked open the door to his wife’s house, broke some glass, and threw furniture. He was arrested and admitted to facts supporting a finding of malicious destruction of property (Mass. Gen. Laws ch. 266, 127), believing that doing so would not cause immigration problems. He was sentenced to and completed 11 months of probation and an anger management program. The Department of Homeland Security took him into custody and instituted removal. He applied for cancellation of removal, 8 U.S.C. 1229b(b). The Immigration Judge denied the application. The Board of Immigration Appeals remanded for consideration of additional evidence regarding his wife's mental health and ability to care for their children and whether petitioner could qualify as "a person of good moral character" for purposes of cancellation of removal. The IJ concluded that malicious destruction of property under Massachusetts law is a crime involving moral turpitude and that he was statutorily barred from eligibility for cancellation of removal. The BIA affirmed. The First Circuit denied review.