Beltran-Aguilar v. Whitaker

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 18-1799
Decision Date: 
January 2, 2019
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition denied

IJ did not err in denying alien’s application for cancellation of removal to Mexico, where said denial was based on alien’s Wisconsin battery conviction, which qualified as crime of domestic violence under 8 USC section 1229b(b)(1)(C). Ct. in Yates, 842 F.3d 1051, previously found that Wisconsin battery offense is crime of violence under 18 USC section 924(e), and Ct. rejected defendant’s claim that Wisc. crime of battery is not crime of violence because it can be satisfied by causing illness or impairment of physical condition that would not require use of force, where defendant failed to show that Wisconsin would actually prosecute individuals on battery charges based on said acts.