673 F.3d 1082
9th Cir.2011Background
- Habibi, a lawful permanent resident, was convicted on Nov. 3, 1999, of Battery of a Current or Former Significant Other, a California misdemeanor, receiving a 365-day suspended sentence to run through 2000, a leap year.
- DHS issued an NTA charging Habibi as removable under 8 U.S.C. § 1227(a)(2)(E)(i) based on the domestic-violence conviction.
- An IJ denied cancellation of removal, ruling Habibi's conviction qualified as an aggravated felony under § 1101(a)(43)(F).
- BIA affirmed, citing Matsuk v. INS to hold 365 days constitutes a year for purposes of § 1101(a)(43)(F), regardless of leap years.
- Habibi argued that serving 365 days during a leap year made him ineligible for cancellation; the BIA rejected this as irrational and inconsistent with the statute.
- Habibi petitioned for review; the court reviews BIA legal conclusions de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a 365-day sentence qualifies as a year under § 1101(a)(43)(F) when served in a leap year | Habibi: leap-year service makes 366 days; not at least one year | BIA: year equals 365 days regardless of leap years | Yes; 365 days satisfies the term of imprisonment at least one year |
| Whether Lagandaon controls the meaning of a year for § 1101(a)(43)(F) | Lagandaon suggests year can be 365 days except leap years | Lagandaon applies to different INA provision, not § 1101(a)(43)(F) | No; Matsuk controls; Lagandaon is inapplicable here |
| Whether the misdemeanor label of Habibi's state conviction affects its classification as aggravated felony | Habibi argues state misdemeanor status should affect federal crime-of-violence analysis | Federal law controls; state label irrelevant | No; state labeling is irrelevant; it remains an aggravated felony if meets federal definition |
| Whether equal protection bars denying a § 212(h) waiver to Habibi as an LPR while a non-LPR could obtain it | Taniguchi-based equal protection challenge to LPR exclusion | Rational basis supports excluding LPRs | No; rational basis; Taniguchi controls |
Key Cases Cited
- Matsuk v. INS, 247 F.3d 999 (9th Cir. 2001) (BIA's 365-day interpretation of one year deemed rational)
- Lagandaon v. Ashcroft, 383 F.3d 983 (9th Cir. 2004) (year=365 days except leap years for continuous 10-year presence analysis)
- Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. 2009) (Skidmore deference applied to unpublished BIA orders)
- Taniguchi v. Schultz, 303 F.3d 950 (9th Cir. 2002) (LPRs rationally excluded from § 212(h) waivers; equal protection discussed)
- Chavez-Perez v. Ashcroft, 386 F.3d 1284 (9th Cir. 2004) (state labels of crimes irrelevant to federal aggravated felonydetermination)
- Gonzalez-Tamariz v. United States, 310 F.3d 1168 (9th Cir. 2002) (reiterates interpretation of statutory terms in immigration context)
- Corona-Sanchez v. United States, 291 F.3d 1201 (9th Cir. 2002) (en banc consideration of aggravated felony definition)