Salazar v. Barr, No. 18-2146 (8th Cir. 2019)Annotate this Case
The Eighth Circuit denied a petition for review of the determination that petitioner was removable under 8 U.S.C. 1227(a)(2)(A)(iii) because he was convicted in Iowa of committing an aggravated felony. Determining that it had jurisdiction, the court held that DHS was correct when it concluded that petitioner's Iowa forgery conviction qualified as an aggravated felony for purposes of section 1227(a)(2)(iii). The court held that, although DHS erred by issuing a Final Administrative Removal Order before petitioner's deadline to respond expired, petitioner failed to show prejudice. In this case, petitioner's state law crime unarguably qualified as an aggravated felony and there was nothing petitioner could have offered that would change the result.