Lara-Chacon v. Ashcroft case brief summary
345 F.3d 1148 (2003)
CASE FACTS
Petitioner was convicted of five counts of conspiracy to commit money laundering. He was sentenced to a prison term. As a result of his conviction, the Immigration and Naturalization Service (INS) charged him with being subject to removal for being an alien convicted of an aggravated felony under the Immigration and Nationality Act. The INS initially charged petitioner with removal based on money laundering in excess of $ 10,000. In two subsequent amendments to the charging document, the INS added charges of removability based on illicit drug trafficking in a controlled substance and a controlled substance violation. An immigration judge (IJ) ordered petitioner removable on the ground that his money laundering convictions were predicated on trafficking in marijuana, a controlled substance. The BIA dismissed petitioner's appeal of the IJ's order.
DISCUSSION
CONCLUSION
After granting petitioner review, the court reversed the order of the BIA and remanded the case for further proceedings.
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345 F.3d 1148 (2003)
CASE SYNOPSIS
Petitioner, a native and citizen of
Mexico, challenged an order from the Board of Immigration Appeals
(BIA), which dismissed his appeal of an order holding that he was
removable on the ground that his money laundering convictions were
predicated on trafficking in marijuana, a controlled substance.CASE FACTS
Petitioner was convicted of five counts of conspiracy to commit money laundering. He was sentenced to a prison term. As a result of his conviction, the Immigration and Naturalization Service (INS) charged him with being subject to removal for being an alien convicted of an aggravated felony under the Immigration and Nationality Act. The INS initially charged petitioner with removal based on money laundering in excess of $ 10,000. In two subsequent amendments to the charging document, the INS added charges of removability based on illicit drug trafficking in a controlled substance and a controlled substance violation. An immigration judge (IJ) ordered petitioner removable on the ground that his money laundering convictions were predicated on trafficking in marijuana, a controlled substance. The BIA dismissed petitioner's appeal of the IJ's order.
DISCUSSION
- On review, the court found that the record did not demonstrate that petitioner was convicted of a removable offense.
- The record did not establish that he was convicted of drug trafficking and controlled substance violations.
- The BIA erred in solely relying on the presentence report to demonstrate the elements of his conviction.
CONCLUSION
After granting petitioner review, the court reversed the order of the BIA and remanded the case for further proceedings.
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