Herrera v. U.S. Attorney General, No. 15-12093 (11th Cir. 2016)
Annotate this CasePetitioner, a native and citizen of Peru, seeks review of the BIA's affirmance of the IJ's order of removal, finding that petitioner was ineligible for cancellation of removal because he had been convicted of an aggravated felony, 8 U.S.C. 229b(a), based on his conviction and sentence for a burglary offense. The Board reasonably concluded that house arrest, as a punitive measure that involves a “serious restriction of liberty,” constitutes confinement and is a “term of imprisonment” under the Act. In this case, petitioner's burglary offense, for which he was sentenced to a term of imprisonment of at least one year, qualified as an aggravated felony and made him ineligible for cancellation of removal. Accordingly, the court denied the petition for review.
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