Board erred in affirming I.J.’s order that directed that petitioner be removed based on his two Illinois burglary convictions under 720 ILCS 5/19-1(a) for knowingly remaining in storage lockers with intent to commit theft that, according to Board, qualified as removable offenses under modified categorical approach. Under categorical approach, petitioner was not removable because behavior criminalized by 720 ILCS 5/19-1(a) with respect to location and intent elements of said offense was broader that removable offense of generic burglary. Moreover, Board erred in finding that Illinois burglary statute was divisible with respect to intent element so as to allow I.J. and Board to apply modified categorical approach to support ultimate finding that petitioner’s burglary convictions qualified as removable offenses.
Federal 7th Circuit Court
Civil Court
Immigration