Beltran-Aguilar v. Whitaker, No. 18-1799 (7th Cir. 2019)Annotate this Case
Beltran-Aguilar, a citizen of Mexico, applied for cancellation of removal. The BIA affirmed the denial of his application. The Seventh Circuit denied a petition for review. Beltran-Aguilar’s conviction for Wisconsin battery involving domestic abuse was a crime of domestic violence, rendering him ineligible for cancellation of removal under 8 U.S.C. 1229b(b)(1)(C). A “crime of violence” is “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another,” 18 U.S.C. 16(a). The elements of the crime for which a defendant was convicted, not his underlying conduct, are determinative. Beltran-Aguilar was convicted under Wisconsin Statute 940.19(1), which prohibits “caus[ing] bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed.” “Bodily harm” means “physical pain or injury, illness, or any impairment of physical condition.” Rejecting an argument that certain types of non-qualifying conduct theoretically might be prosecuted under the statute, the court stated that there must be “a realistic probability, not a theoretical possibility," that the state would prosecute conduct that falls outside the generic definition of a crime. Beltran-Aguilar has not identified any case in which Wisconsin’s definition of “bodily harm” has been applied in a way that does not accord with precedent defining crimes of violence.