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).
Topics
Practice areas
Questions Presented
- Whether a Class 1 misdemeanor under Virginia Code § 18.2-186.3(A)(2), punishable by up to twelve months in jail, is a crime involving moral turpitude under 8 U.S.C. § 1227(a)(2)(A)(i).
- Whether an offense 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).
- Whether the BIA abused its decision-making authority by denying reconsideration in light of Belcher v. Commonwealth.
Holdings
- A violation of Virginia Code § 18.2-186.3(A)(2) is categorically a crime involving moral turpitude. Perdomo Ulloa conceded this issue at oral argument, and the court reaffirmed its prior holding in Salazar v. Garland.
- An offense punishable by a possible sentence of twelve months qualifies as 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).
- Virginia's distinction between a twelve-month misdemeanor sentence and a one-year felony sentence does not alter the meaning of the federal immigration statute.
Key quotations
“A twelve-month sentence lasts for one year, so it is “a sentence of one year or longer.”” (4th Cir. op. at 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).” (4th Cir. op. at 5)
“There is simply no textual basis for reading “one year or longer” to mean “more than one year.”” (4th Cir. op. at 6)
Factual background
Perdomo Ulloa, a Honduran citizen who entered the United States without authorization in 2000, was convicted in Virginia in 2012 of a Class 1 misdemeanor involving use of another person's identity with intent to defraud. The offense was punishable by confinement in jail for not more than twelve months, and he received a suspended thirty-day sentence. In removal proceedings, he conceded removability but sought cancellation of removal; the agency determined that his conviction was a crime involving moral turpitude for which a sentence of one year or longer could be imposed.
Procedural history
The Department of Homeland Security initiated removal proceedings after Perdomo Ulloa's Virginia misdemeanor conviction. He conceded removability and applied for cancellation of removal under 8 U.S.C. § 1229b(b)(1). The Immigration Judge found him ineligible because his conviction qualified under the criminal-bar provisions, and the Board of Immigration Appeals affirmed. The BIA later denied reconsideration after Perdomo Ulloa relied on Belcher v. Commonwealth. The Fourth Circuit consolidated his two petitions for review and denied both.