Familia Rosario v. Holder, No. 10-3433 (7th Cir. 2011)
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Petitioner, age 60, a lawful permanent resident of the U.S. since 1999, pled guilty to aiding and abetting a conspiracy to violate 8 U.S.C. 1328, which prohibits importation of any alien for the purpose of prostitution, or for any other immoral purpose. His role involved distributing condoms to what he knew were brothels. The government commenced removal on the grounds that petitioner committed a crime involving moral turpitude under 8 U.S.C. 212(a)(2)(A)(i)(I), and for having procured persons for purpose of prostitution. He conceded removability for a crime involving moral turpitude, but denied removability for procuring persons for prostitution. He claimed eligibility for cancellation of removal under INA 240A(a), which requires that the noncitizen have lawful permanent residence for five years, continuous residence for seven years, and no conviction for what amounts to an aggravated felony. The Immigration Judge denied cancellation. The Board of Immigration Appeals affirmed. The Seventh Circuit vacated the order of removal and remanded. "Importation ... of any alien for the purpose of prostitution," 8 U.S.C. 1328, encompasses conduct broader than "an offense that relates to the owning, controlling, managing or supervising of a prostitution business," INA 101(a)(43)(K)(i), so petitioner's conviction is not properly categorized as an aggravated felony.
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