An alien’s conviction under Oregon Revised Statute §163.187(1) for strangulation is categorically a crime of violence within the meaning of 18 U.S.C. §16(a). When a withholding applicant was sentenced to fewer than five years imprisonment for an aggravated felony conviction, the Bureau of Immigration Appeals may determine that the conviction qualifies as a particularly serious crime; the applicable legal standard is based on a list of factors the BIA set forth in Matter of Frentescu. Where the BIA denies relief on the merits, rather than based on a conviction, a court retains jurisdiction to review the merits.
Flores-Vega v. Barr - filed Aug. 2, 2019
Cite as 2019 S.O.S. 14-70690
For more information, go to: http://www.beverlyhillsimmigrationlaw.com/
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