Wednesday, January 18th, 2017

Unpub. BIA Agg. Fel. Remand: Matter of Lucio Chavez

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"[T]he respondent expressed an intention to apply for a waiver under former section 212(c) of.the Act, 8 U.S.C. § I I 82(c) (1988), but in a very brief decision the Immigration Judge found him ineligible for such relief on the ground that his 2011 conviction for assault on a public servant [Tex. Penal Code Ann. §§ 22.01(a)(l) and 22.01(b)(I) (West 2011), a felony for which he was sentenced to a 2-year term of imprisonment] was a crime of violence under 18 U.S.C. § 16(b) and an aggravated felony, presumably under section 101(a)(43)(F) of the Act.  On the present record, we cannot affirm that determination. ... [T]o determine whether the respondent's 2011 conviction qualifies as an aggravated felony, we are generally obliged to conduct a "categorical" inquiry in which we ask first whether the statutory elements of the offense of conviction correspond to the requirements of the relevant aggravated felony category or categories.  Yet the Immigration