Reinaldo Carrillo-Jaime v. Eric Holder, Jr.

MEMORANDUM

Petitioner Reinaldo Otoniel Carrillo-Jaime, a citizen of El Salvador and lawful permanent resident of the United States, petitions for review of a Board of Immigration Appeals (“BIA”) decision affirming a determination of an Immigration Judge (“IJ”) that he was removable.

We considered in 2009 whether Carrillo-Jaime was removable. He was charged with removability under 8 U.S.C. § 1227 (a)(2)(A)(i) for being convicted of a crime involving moral turpitude committed within five years after admission and under 8 U.S.C. § 1227 (a)(2)(A)(ii) for being convicted of two crimes involving moral turpitude any time after admission. Carrillo-Jaime had an application pending under Section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c) (repealed 1996), for discretionary relief from removal. Carrillo-Jaime was also charged with removability for having committed an aggravated felony under 8 U.S.C. § 1227 (a)(2)(A)(iii) because, the government argued, he had been convicted of a theft offense. If Carrillo-Jaime were properly convicted of an aggravated felony, Section 212(c) relief would not be available. See 8 U.S.C. § 1229b(a)(3) (individual convicted of aggravated…