JOSE YANEL SANCHEZ-PEREZ v. MERRICK B. GARLAND, Attorney General - Articles

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Posted by: Karen Belcher on Apr 30, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: William Patrick York, II, OZMENT LAW, PLC, Nashville, Tennessee, for Petitioner.

Attorneys 2: ON BRIEF: Dana M. Camilleri, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Judge(s): BOGGS, MOORE, and GIBBONS, Circuit Judges

Court Appealed: On Petition for Review from the Board of Immigration Appeals

KAREN NELSON MOORE, Circuit Judge. One day after he pleaded guilty to violating a Tennessee domestic-violence law, the federal government initiated removal proceedings against Jose Yanel Sanchez-Perez. Ultimately, an immigration judge and the Board of Immigration Appeals determined that Sanchez-Perez could not seek cancellation of removal due to this conviction. The Board of Immigration Appeals improperly determined that Sanchez-Perez pleaded guilty to a crime of violence, however. Accordingly, we GRANT Sanchez-Perez’s petition for review, VACATE the Board’s order of removal, and REMAND to the Board for proceedings consistent with our opinion.