Tania Bibiano Ramirez v. Loretta E. Lynch
628 F. App'x 506
9th Cir.2016Background
- Petitioner Tania Casandra Bibiano Ramirez (native of Mexico, lawful permanent resident) was convicted in California of two counts of assault with a deadly weapon (Cal. Penal Code § 245(a)(1)) and two counts of leaving the scene causing injury (Cal. Veh. Code § 20001(a)) after repeatedly crashing a car and injuring people.
- She received a two-year prison sentence and subsequently was placed in removal proceedings; the BIA found her removable as an "aggravated felony" under 8 U.S.C. § 1101(a)(43)(F) (a crime of violence with at least one year imprisonment).
- As a result of the aggravated-felony finding, the BIA ruled Ramirez ineligible for cancellation of removal.
- Ramirez also sought protection under the Convention Against Torture (CAT); the BIA denied CAT relief, concluding she failed to show it was more likely than not she would be tortured if returned to Mexico.
- The Ninth Circuit denied the petition for review, upholding the BIA’s determinations; a single judge dissented on humanitarian/family-integrity grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ramirez's convictions constitute an "aggravated felony" (crime of violence + ≥1 year) making her removable | Ramirez contended she should not be removable (sought relief) and emphasized ties to U.S. | Government argued CAL § 245(a)(1) is categorically a crime of violence and her two-year sentence meets the ≥1 year requirement | Held: CAL § 245(a)(1) is a crime of violence (per Grajeda) and the two-year term satisfies the statutory requirement; removal and ineligibility for cancellation affirmed |
| Whether Ramirez met burden for CAT protection (more likely than not to be tortured in Mexico) | Ramirez argued she would be tortured if returned | Government argued she failed to meet the high evidentiary showing required for CAT relief | Held: Substantial evidence supports the BIA’s denial of CAT protection |
Key Cases Cited
- United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009) (holding assault with a deadly weapon under Cal. Penal Code § 245(a)(1) is categorically a crime of violence)
- Moore v. City of East Cleveland, 431 U.S. 494 (1977) (discussing constitutional protection of family integrity)