Flores v. Holder, No. 12-2406 (2d Cir. 2015)
Annotate this CaseFlores, a citizen of Honduras, entered the U.S. without inspection in 1991. He married a U.S. citizen. In 2009, he was convicted of two counts of first‐degree sexual abuse under New York law. Charged with removability under: 8 U.S.C. 1182(a)(6)(A)(i)), for being present without being admitted or paroled, and 8 U.S.C. 1182(a)(2)(A)(i)(I)), for having been convicted of crimes involving moral turpitude, Flores appeared pro se. After several continuances, Flores conceded removability for entering without inspection. He requested another continuance to pursue adjustment of status and a waiver of inadmissibility, based on an approved I‐130 Petition for Alien Relative filed by his U.S.‐citizen sister in 2001 and another filed by his wife in 2010. Flores also moved to terminate his proceedings and applied for asylum, withholding of removal, and relief under the Convention Against Torture, based on his fear of Honduran gangs. The IJ denied all relief. The BIA affirmed, finding Flores ineligible for asylum because his convictions were aggravated felonies relating to the sexual abuse of a minor (8 U.S.C. 1101(a)(43)(A)) and were particularly serious crimes. The Second Circuit vacated; the agency erred in denying a continuance and in determining that the offenses were aggravated felonies, but did not err in concluding that they were particularly serious crimes.
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