Chetwyn Archer v. Loretta E. Lynch

Chetwyn Archer, a citizen of the United Kingdom, petitions for review of a Board of Immigration Appeals (BIA) decision denying his motion to reopen his removal proceedings and affirming his final order of removal. We have jurisdiction under 8 U.S.C. § 1252 (a), and we grant the petition.

1. The BIA properly determined that it lacked jurisdiction to consider Archer’s attempt to collaterally attack the criminal conviction forming the basis of his remova-bility. “[T]he [BIA] cannot entertain a collateral attack on a judgment of conviction, unless that judgment is void on its face.” Matter of Rodriguez-Carrillo, 22 I. & N. Dec. 1031, 1034 (B.I.A.1999). There is nothing in the record to suggest that Archer has successfully challenged the validity of his plea in state court, which is the proper venue for raising such a claim. See Contreras v. Schiltgen, 122 F.3d 30, 33 (9th Cir.1997), aff'd on reh’g, 151 F.3d 906 (9th Cir.1998) (noting that the validity of a state court conviction “can only be tested in an action against the state”).

2. The BIA concluded that Archer’s guilty plea to California Penal Code § 166(c)(1) subjects him to removal under 8 U.S.C. § 1227 (a)(2)(E)(ii). Though…