Second Circuit – Immigration: Vasquez v. Garland

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United States Court of Appeals for the Second Circuit

Immigration

Removal – Retroactive application of criminal statute

Vasquez v. Garland

21-6380

Judges Jacobs, Chin, and Robinson

Background: The petitioner sought review of a Board of Immigration Appeals decision affirming a finding that he is removable on the basis that he committed a crime involving moral turpitude. He was convicted of possession of a forged instrument. After the conviction the maximum possible sentence for Class A misdemeanors was reduced from 1 year to 364 days. He argues that because the statute is retroactive for state law purposes, his prior conviction no longer constitutes a basis for removal because it is not a crime for which a sentence of one year or longer may be imposed.

Ruling: The Second Circuit denied the petition. The court held that removal statue focuses on the historical fact of an alien’s prior conviction, and thereby consults the state law applicable at the time of the criminal proceedings, not at the time of the removal proceedings.

Tiffany J. Lieu, of Crimmigration Clinic, and Rohmah A. Javed, John H. Peng, and Laura A. Rion, of Prisoner’s Legal Services of New York, for the petitioner; Erica B. Miles, of the U.S. Department of Justice, for the respondent.

Oral argument audio