Chadrick Calvin Cole v. U.S. Attorney General
712 F.3d 517
| 11th Cir. | 2013Background
- Chadrick Cole, a Jamaican native, was admitted as a lawful permanent resident in 2006 and pleaded guilty in SC to pointing a firearm at a person under S.C. Code § 16-23-410, receiving an indeterminate SCYOA sentence up to five years.
- DHS initiated removal proceedings arguing Cole was removable as an aggravated felon under 8 U.S.C. § 1227(a)(2)(A)(iii) and had a firearms conviction under § 1227(a)(2)(C).
- Cole sought asylum, withholding of removal, and CAT relief; the IJ denied relief and ordered removal to Jamaica, treating the SCYOA conviction as a conviction for immigration purposes and finding the offense a crime of violence.
- The BIA affirmed most of the IJ’s determinations, including removability as an aggravated felon and denial of asylum and withholding; it also denied CAT relief based on the record.
- The Eleventh Circuit reviewed, holding SCYOA conviction constitutes a conviction for immigration purposes and the offense qualifies as a crime of violence, making Cole ineligible for asylum and withholding; CAT relief was reviewed but upheld denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the SCYOA conviction is a conviction for immigration purposes | Cole contends SCYOA is not a conviction for immigration purposes | BIA/Department argues SCYOA satisfies 8 U.S.C. § 1101(a)(48)(A) | SCYOA conviction qualifies as a conviction for immigration purposes |
| Whether S.C. Code § 16-23-410 is a crime of violence | Cole argues it may not meet Leocal's mens rea requirement | BIA held it is a crime of violence under § 16-16(b) with intentional mens rea | The offense is a crime of violence; Cole is removable |
| Whether Cole is ineligible for withholding of removal due to a five-year aggregate term | Indeterminate SCYOA sentence should be treated as less than five years for immigration purposes | Indeterminate five-year SCYOA sentence should be treated as five years for immigration purposes | Indeterminate SCYOA term constitutes a five-year term; withholding is barred |
| Whether Cole is entitled to CAT relief given the governing law and record | Cole could show likelihood of torture if returned | Record does not show more likely than not torture by Jamaica or authorities with acquiescence | CAT relief denied; BIA/IJ findings sustained as to legality and weight of evidence |
Key Cases Cited
- Resendiz-Alcaraz v. U.S. Att’y Gen., 383 F.3d 1262 (11th Cir. 2004) (expunged state conviction can be a conviction for immigration purposes)
- Singh v. U.S. Att’y Gen., 561 F.3d 1275 (11th Cir. 2009) (conviction of a juvenile or minor may count as an immigration conviction if plain text supports)
- Leocal v. Ashcroft, 543 U.S. 1 (U.S. 2004) (crime of violence requires substantial risk of force; mens rea matters)
- Maung, 320 F.3d 1305 (11th Cir. 2003) (aggregate term length guides withholding ineligibility for aggravated felonies)
- In re S-S-, 21 I. & N. Dec. 900 (BIA 1997) (indeterminate-state sentencing rules for 'term of imprisonment' under INA)
- Johnson v. United States, 130 S. Ct. 1265 (2010) (state-law elements binding on federal interpretation of criminal offenses)
- Jean-Pierre v. U.S. Att’y Gen., 500 F.3d 1315 (11th Cir. 2007) (CAT review of torture determinations; mixed law-and-fact analysis)
- Kang v. Att’y Gen. of the U.S., 611 F.3d 157 (3d Cir. 2010) (detentions and torture assessments in CAT context)
- Thompson, 891 F.2d 507 (4th Cir. 1989) (state-conviction history and violence evidentiary considerations)