Sanchez-Chacolla

Sanchez-Chacolla v. Gonzales

Good Law
215 F. App'x 654
United States Court of Appeals for the Ninth CircuitDecember 26, 2006No. 05-76477California422 words

Opinion

Lead Opinion

*655 MEMORANDUM **

Miguel Sanchez-Chacolla petitions for review of the Board of Immigration Appeals (“BIA”) decision affirming an immigration judge’s denial of his application for cancellation of removal. Sanchez-Chacolla contends that the BIA erred by finding him statutorily ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1)(C) because he had committed a “crime of domestic violence” pursuant to 8 U.S.C. § 1227 (a)(2)(E). 1 Whether an offense qualifies as a crime of domestic of violence is a question of law that we review de novo. See 8 U.S.C. § 1252 (a)(2)(D); Fernandez-Ruiz v. Gonzales, 466 F.3d 1121 , 1125-26 & n. 7 (9th Cir.2006) (en banc). We hold that there is insufficient documentation to establish that Sanchez-Chacolla’s prior conviction was for a crime of domestic violence. We therefore grant the petition for review and remand to the BIA for further proceedings.

To determine whether a prior conviction qualifies as a crime of domestic violence, the BIA may consider only the fact of conviction, the statutory definition of the offense, and certain documents from the conviction record. See Cisneros-Perez v. Gonzales, 465 F.3d 386, 391-94 (9th Cir. 2006).…

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