Jose Fernando Castillo v. U.S. Attorney General
756 F.3d 1268
11th Cir.2014Background
- Castillo, a Dominican Republic native, became a lawful permanent resident in 1990.
- In 1993 he pled guilty to statutory rape under Ga. Code § 16-6-3(a) and served a five-year sentence on probation.
- In 2012 the Georgia State Board of Pardons and Paroles granted Castillo a full unconditional pardon that removed disabilities but expressly retained firearm rights as to be restored later.
- DHS served him a notice to appear in removal proceedings in 2012, charging removal as an aggravated felon under 8 U.S.C. § 1227(a)(2)(A)(iii).
- Castillo argued for a waiver under § 1227(a)(2)(A)(vi), claiming his pardon was full and unconditional and thus extinguished removability.
- The IJ held the pardon was not full because it did not restore firearm rights; the BIA affirmed non-precedentially; Castillo petitioned for judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of 'full and unconditional pardon' in §1227(a)(2)(A)(vi) | Castillo: pardon need only clear the conviction, not restore rights | Government: pardon must restore all rights; here it did not | Pardon must restore all rights; Castillo's did not; §1227(a)(2)(A)(vi) not applicable |
Key Cases Cited
- Ex Parte Garland, 71 U.S. (4 Wall.) 380 (1866) (U.S. Supreme Court (1866)) (pardon restores civil rights and eliminates penalties when full)
- Knote v. United States, 95 U.S. 149 (1877) (U.S. Supreme Court) (full pardon releases offender from disabilities)
- United States v. Sutton, 521 F.2d 1385 (7th Cir. 1975) (7th Cir. 1975) (full pardon bars future punishment under related statutes)
- Kwai Chiu Yuen v. I.N.S., 406 F.2d 499 (9th Cir. 1969) (9th Cir. 1969) ( Garland framework applied to pardons under immigration statutes)
- United States v. Barrett, 504 F.2d 629 (6th Cir. 1974) (6th Cir. 1974) (analysis of full versus partial pardons and firearm consequences)