Guglielmo Pasquale v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Guglielmo Pasquale, a native and citizen of Italy, petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (I.J.) denial of his application for cancellation of removal.. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny in part and dismiss in part the petition for review.
Pasquale, a lawful permanent resident of the United States, was placed into removal proceedings in 2003. Despite an extensive criminal record, he was granted cancellation of removal in 2006. The Department of Homeland Security (DHS) appealed, and while its appeal was pending, Pasquale was convicted of additional crimes. The BIA granted DHS’s motion to remand the case to the I.J., who found Pasquale ineligible for cancellation of removal on the basis of one of the new convictions, which she concluded was an aggravated felony. The BIA disagreed, holding that the crime was not an aggravated felony, but remanded Pasquale’s case to the I.J. in 2010 to determine whether he remained entitled to cancellation of removal as a matter of discretion. The I.J. concluded that he did not and ordered him removed. The BIA affirmed.