Bastardo-Vale v. Attorney General United States, No. 17-2017 (3d Cir. 2019)Annotate this Case
Bastardo-Vale, a citizen of Venezuela, who entered the U.S. on a student visa, sought review of the Board of Immigration Appeals decision that his Delaware conviction for second-degree unlawful imprisonment constituted a “particularly serious crime,” rendering him ineligible for asylum and withholding of removal relief, 8 U.S.C. 1158(b)(2), 1231(b)(3). His state conviction arose from a forcible sexual encounter with a fellow student; he pleaded no contest to second-degree unlawful imprisonment and was sentenced to the maximum term of one year’s imprisonment, which was suspended for eleven months of time served. The Department of Homeland Security then charged Bastardo-Vale with removability under 8 U.S.C. 1227(a)(2)(A)(i), for being convicted of a crime involving moral turpitude, and under 8 U.S.C. 1227(a)(1)(C)(i), for failing to comply with the conditions of his nonimmigrant status. Overruling its own precedent, the Third Circuit denied the petition for review. The phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes includes, but is not limited to, aggravated felonies. The phrase “particularly serious crime” means the same thing in both statutes, and the language of those statutes shows that aggravated felonies are a subset of particularly serious crimes.