Summary
The Fourth Circuit denied Oscar Rene Perdomo Ulloa’s petitions for review of Board of Immigration Appeals decisions concerning his eligibility for cancellation of removal. The court held that a Virginia Class 1 misdemeanor punishable by up to twelve months’ imprisonment is a crime for which a sentence of one year or longer may be imposed under 8 U.S.C. § 1227(a)(2)(A)(i)(II). The court also reaffirmed that the offense categorically involves moral turpitude.
Topics
Practice areas
Questions Presented
- Whether a violation of Virginia Code § 18.2-186.3(A)(2) is categorically a crime involving moral turpitude.
- Whether a Class 1 misdemeanor punishable by a maximum of twelve months in jail is a crime for which a sentence of one year or longer may be imposed under 8 U.S.C. § 1227(a)(2)(A)(i)(II), thereby making the petitioner ineligible for cancellation of removal.
Holdings
- A violation of Virginia Code § 18.2-186.3(A)(2) is categorically a crime involving moral turpitude.
- A crime punishable by a maximum sentence of twelve months is a crime for which a sentence of one year or longer may be imposed under 8 U.S.C. § 1227(a)(2)(A)(i)(II). Accordingly, Perdomo Ulloa's Class 1 misdemeanor conviction made him ineligible for cancellation of removal.
Key quotations
“A twelve-month sentence lasts for one year, so it is “a sentence of one year or longer.”” (3)
“Because there is no temporal difference between twelve calendar months and one calendar year, a sentence of twelve months in Virginia remains “a sentence of one year or longer” within the meaning of § 1227(a)(2)(A)(i)(II).” (5)
“There is no better evidence of congressional intent than the statutory text. The law means what it says.” (7)
Factual background
Perdomo Ulloa, a citizen of Honduras, entered the United States without authorization in 2000. In 2012, he was convicted in Virginia of a Class 1 misdemeanor involving use of another person's identity with intent to defraud, an offense punishable by confinement for not more than twelve months; he received a suspended thirty-day sentence. The Department of Homeland Security placed him in removal proceedings, and he sought cancellation of removal.
Procedural history
The Department of Homeland Security initiated removal proceedings after Perdomo Ulloa's Virginia misdemeanor conviction. The Immigration Judge found him ineligible for cancellation of removal because the conviction qualified under 8 U.S.C. §§ 1227(a)(2)(A)(i) and 1229b(b)(1)(C). The BIA affirmed and later denied reconsideration after Perdomo Ulloa cited Belcher v. Commonwealth. The Fourth Circuit consolidated the petitions for review and denied both petitions.