Grijalva-Martinez v. Attorney General United States, No. 19-1740 (3d Cir. 2020)Annotate this Case
In 2013, the status of Grijalva-Martinez, a citizen of Guatemala, was adjusted from asylee to lawful permanent resident. In 2016, he was convicted, under New Jersey law, of criminal sexual contact and of endangering the welfare of children. The government charged him as removable as an alien convicted of a crime involving moral turpitude (CIMT), an aggravated felony, and a crime of child abuse, child neglect, or child abandonment. Grijalva-Martinez applied for withholding of removal and Convention Against Torture (CAT) protection, asserting that he feared violence at the hands of gang members, including his former stepfather.
The IJ sustained the removability charges, finding that Grijalva-Martinez’s conviction for criminal sexual contact was both a CIMT under 8 U.S.C. 1227(a)(2)(A)(i) and an aggravated felony under section 1227(a)(2)(A)(iii) and that he was ineligible for withholding of removal because he was convicted for criminal sexual contact, a particularly serious crime (8 U.S.C. 1231(b)(3)(B)(ii)) and ineligible for CAT relief because he had not established that he would be subject to torture if removed. The BIA and the Third Circuit upheld the decision, rejecting arguments that the IJ and BIA erred in concluding that criminal sexual contact is an aggravated felony, erred in concluding that the conviction is for a particularly serious crime, and failed to apply the proper legal framework to the CAT claim.