Victoria-Fautino v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 16-1784
Decision Date: 
August 1, 2017
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition granted

Dept. of Homeland Security (DHS) erred in subjecting alien (citizen of Mexico) to expedited removal procedures based on his 2000 Illinois conviction for obstruction of justice arising out of providing false information to police, which DHS construed as “aggravated felony.” While govt. contended that Ct. of Appeals lacked jurisdiction to consider alien’s appeal of his removal order, because alien had failed to file response to Notice of Intent to Issue Final Administrative Removal Order (FARO), Ct. of Appeals had jurisdiction to consider whether alien’s underlying conviction upon which FARO was based was aggravated felony. In that regard, Ct. found that: (1) instant obstruction of justice conviction was not aggravated felony; (2) remand was required since alien was not properly placed in instant expedited removal proceeding, which took place without hearing and under presumption that alien was deportable based on his obstruction of justice conviction; and (3) alien was entitled to hearing to consider his removability based on his actual conduct. (Dissent filed.)