Matter of Gontrand Raphael Germain

Summary

The Board of Immigration Appeals sustained the Department of Homeland Security’s appeal from an Immigration Judge’s discretionary grant of cancellation of removal to a lawful permanent resident from Haiti. The Board held that the respondent’s criminal history, including conduct that did not result in convictions, and his lack of remorse or acceptance of responsibility outweighed his favorable equities, vacated the grant of relief, and ordered removal to Haiti.

Holdings

1. In exercising discretion over cancellation of removal, the Board may consider criminal charges, arrests, and the underlying conduct even when the charges did not result in a conviction.
2. The respondent did not merit cancellation of removal as a matter of discretion because his criminal history and reluctance to accept responsibility outweighed his favorable equities.
3. The respondent's two continued-without-a-finding dispositions constituted convictions for immigration purposes.

Questions Presented

1. Whether the respondent merited cancellation of removal as a matter of discretion under INA section 240A(a) after weighing his favorable equities against his criminal history and other adverse conduct.
2. Whether criminal charges and other underlying conduct that did not result in convictions could be considered in the discretionary cancellation-of-removal analysis.
3. Whether the Immigration Judge gave sufficient weight to the respondent's complete criminal history and reluctance to accept responsibility.

Disposition

vacated