DE LEON CASTELLANOS v. Holder
652 F.3d 762
| 7th Cir. | 2011Background
- Jaime De Leon Castellanos, a lawful permanent resident, sought cancellation of removal in the Seventh Circuit after DHS charged him with removable offenses.
- De Leon had two domestic-battery convictions in Illinois: 2004 for insulting or provoking contact and 2005 for causing bodily harm, the latter upgraded to a felony due to the prior conviction.
- The 2005 conviction involved intentionally causing bodily harm to a family member under Illinois statute 5/12-3.2(a)(1).
- DHS alleged he was deportable for two crimes involving moral turpitude, an aggravated felony (crime of violence), and a crime of domestic violence; he conceded removability for two moral turpitudes but sought cancellation if not an aggravated felony.
- The IJ and BIA held the 2005 conviction was a crime of violence under 18 U.S.C. § 16(a), making De Leon ineligible for cancellation.
- The Seventh Circuit affirmed, applying stare decisis to LaGuerre v. Mukasey and United States v. Upton, and holding Johnson v. United States did not undermine those precedents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether De Leon's 2005 domestic battery conviction is a crime of violence under § 16(a). | De Leon argues § 16(a) lacks physical-force element in his offense. | Government contends battery causing bodily harm requires the use of physical force, satisfying § 16(a). | Yes; conviction is a crime of violence under § 16(a). |
Key Cases Cited
- LaGuerre v. Mukasey, 526 F.3d 1037 (7th Cir. 2008) (domestic battery causing bodily harm includes use of physical force)
- United States v. Upton, 512 F.3d 394 (7th Cir. 2008) (battery causing bodily harm requires physical force)
- Flores v. Ashcroft, 350 F.3d 666 (7th Cir. 2003) (battery for injurious contact can still be non-violent if not forceful)
- Johnson v. United States, 130 S. Ct. 1265 (2010) (some batteries not categorically crime of violence; depends on force element)
- Leocal v. Ashcroft, 543 U.S. 1 (2004) (use of force requires intentionality greater than negligent conduct)
- Rodriguez-Gomez v. United States, 608 F.3d 969 (7th Cir. 2010) (discusses definitions of crime of violence analogous to § 16(a))
- Tate v. Showboat Marina Casino P'ship, 431 F.3d 580 (7th Cir. 2005) (stare decisis safeguards require compelling grounds to overturn precedents)
- Capler v. United States, 636 F.3d 321 (7th Cir. 2011) (compelling circumstances or intervening Supreme Court decision needed to disturb precedent)