Luis Antonio Garcia-Gonzalez v. Eric H. Holder, Jr.
737 F.3d 498
| 8th Cir. | 2013Background
- Garcia-Gonzalez, a Mexican national, seeks review of BIA’s denial of adjustment of status.
- He entered the United States in 1976 and became a lawful permanent resident in 1991.
- In 2005 he was indicted in a 38-count federal case and pled guilty in 2009 to conspiracy to commit racketeering, receiving a 30-month sentence.
- Plea documents stated he was a member and leader of the Latin Kings, a criminal organization involved in violence and drug distribution.
- In 2011 DHS began removal proceedings; IJ held the racketeering conviction to be an aggravated felony rendering him removable and denied adjustment due to inadmissibility on drug-violation and moral turpitude grounds.
- BIA affirmed and Garcia-Gonzalez timely petitioned for review challenging the denial of adjustment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Garcia-Gonzalez’s admissions establish inadmissibility under 1182(a)(2)(A)(i). | Garcia-Gonzalez contends the admission does not prove drug-conspiracy inadmissibility. | Garcia-Gonzalez admitted to conspiracy to distribute drugs, satisfying §846 elements. | Yes; substantial evidence supports inadmissibility under §1182(a)(2)(A)(i). |
| Whether denial of adjustment based on inadmissibility was正确ly decided. | Garcia-Gonzalez argues adjustment should be available if admissibility were met. | Admissibility is lacking due to drug-conspiracy admission, so adjustment is unavailable. | Yes; IJ and BIA properly denied adjustment. |
Key Cases Cited
- Spacek v. Holder, 688 F.3d 536 (8th Cir. 2012) (deference to BIA interpretations; review of IJ when adopted by BIA)
- Davila-Mejia v. Mukasey, 531 F.3d 624 (8th Cir. 2008) (standard for reviewing BIA/ IJ decisions)
- Kirong v. Mukasey, 529 F.3d 800 (8th Cir. 2008) (substantial evidence standard for BIA findings; admissibility for adjustment)
- United States v. Keys, 721 F.3d 512 (8th Cir. 2013) (elements of conspiracy to distribute controlled substances)
- United States v. Jimenez, 487 F.3d 1140 (8th Cir. 2007) (conspiracy elements and knowledge/joining conspiracies)