Salazar v. Barr, No. 18-2146 (8th Cir. 2019)
Annotate this CaseThe 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.
Court Description: Grasz, Author, with Benton and Wollman, Circuit Judges] Petition for Review - Immigration. The BIA did not err in determining Salazar's Iowa forgery conviction was an aggravated felony under 8 U.S.C. Sec. 1127(a)(2)(iii); while the Department of Homeland Security erred in issuing a Final Administrative Removal Order before Salazar's deadline to respond had expired, Salazar could not show prejudice from the violation as his state-law crime unarguably qualified as an aggravated felony and nothing he could have offered would change the result in his case.
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