Chavez-Alvarez v. Att’y Gen., United States

Alvarez, a two-year-old citizen of Mexico, entered the U.S. without admission or parole. In 1989 he became a lawful permanent resident. Alvarez served in the U.S. Army, 1991-2004. Alvarez has only departed the United States as a member of the Army. In 2000 Alvarez had sexual contact with a female platoon member who was so intoxicated that she was unable to consent. He provided a signed denial to the Army Criminal Investigation Division. He eventually pleaded guilty to violations of the Uniform Code of Military Justice: 10 U.S.C. 907, for making false official statements; 10 U.S.C. 925, sodomy; and, 10 U.S.C. 934, for two specifications of violating the general article. The judge sentenced Alvarez to a bad conduct discharge, to be reduced to the grade of E-1, and to be confined for 18 months. The sentence did not allocate the confinement to the convictions. In 2012, DHS agents arrested Alvarez. An IJ found him removable under 8 U.S.C. 1227(a)(2)(A)(iii) and 1101(a)(43)(F), as an alien who has been convicted of an aggravated felony. The BIA affirmed. The Third Circuit remanded. The BIA committed legal error in concluding that Alvarez’s sodomy conviction was a crime “for which the term of imprisonment [was] at least one year,” 8 U.S.C. 1101(a)(43)(F). View "Chavez-Alvarez v. Att'y Gen., United States" on Justia Law