Sauceda v. Lynch, No. 14-2042 (1st Cir. 2015)
Annotate this CasePetitioner, a native and citizen of Honduras who entered the United States illegally, pleaded guilty to assaulting his wife in violation of Me. Rev. Stat. Ann. 17-A, 207(1)(A). Petitioner was subsequently charged with removability as an alien present without being admitted or paroled. Petitioner conceded removability and requested cancellation of removal. An immigration judge (IJ) held that Petitioner was not eligible for cancellation of removal because he had failed to prove by a preponderance of the evidence that his assault conviction was not a “crime of domestic violence.” The Board of Immigration Appeals (BIA) affirmed. The First Circuit denied Petitioner’s petition for review, holding that the IJ and BIA correctly found that Petitioner did not meet his burden of proving by a preponderance of the evidence that his Maine assault conviction was not a crime of domestic violence.
The court issued a subsequent related opinion or order on April 22, 2016.
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