Jose Marquez Carrillo v. Eric Holder, Jr.
2015 U.S. App. LEXIS 5148
| 9th Cir. | 2015Background
- Marquez Carrillo, a Mexican citizen and long-time U.S. lawful permanent resident, is a target for removal based on a 2002 California § 273.5 domestic violence conviction.
- He was arrested in January 2005 for domestic violence and turned to DHS; a Notice to Appear charged removability for a crime of domestic violence.
- An IJ in February 2005 sustained removability, noting Marquez's prior 1995 great bodily injury to a child and a 2002 corporal injury to his spouse, plus a 2005 DV conviction.
- A May 20, 2010 proceeding evaluated his cancellation of removal application; Marquez presented rehabilitation evidence and letters from 5 years earlier.
- The IJ denied cancellation, weighing negative factors heavily; the BIA adopted the IJ’s decision and added its own reasoning, and refused new evidence.
- Marquez sought review; the court affirmed removal, holding § 273.5 categorically a crime of domestic violence under § 1227(a)(2)(E)(i).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is §273.5 categorically a crime of domestic violence under INA §1227(a)(2)(E)(i)? | Marquez argues §273.5 is not categorically domestic violence due to its scope. | Marquez argues the law is categorically domestic violence; BIA/AJ so held. | Yes; §273.5 is categorically a crime of domestic violence. |
| Does Morales-Garcia control whether §273.5 is a CIMT and affect DV categorization? | Morales-Garcia suggests a CIMT issue, potentially limiting DV categorization. | Morales-Garcia is inapposite to DV categorization; not controlling here. | Morales-Garcia does not control the DV categorization; §273.5 remains a DV crime. |
Key Cases Cited
- Banuelos-Ayon v. Holder, 611 F.3d 1080 (9th Cir. 2010) (held §273.5 categorically a crime of domestic violence)
- Vasquez-Hernandez v. Holder, 590 F.3d 1053 (9th Cir. 2010) (de novo review of removability; domestic violence categorization context)
- Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009) (discussed CIMT classification; distinguished from DV categorization)
- Negrete-Ramirez v. Holder, 741 F.3d 1047 (9th Cir. 2014) (state interest considerations and broad DV statute language)
- Spencer Enters., Inc. v. United States, 345 F.3d 683 (9th Cir. 2003) (interpretation of expansive inclusionary provisions)