http://media.ca11.uscourts.gov/opinions/pub/files/201513846.pdf
Key quote:
“Further, the Board’s conclusion that the crime was an aggravated felony because the sale or delivery was “for monetary consideration” is meritless. That the sale or delivery was “for monetary consideration” does nothing to assist us in determining “which of a statute’s alternative elements”—sale or delivery— “formed the basis of the defendant’s prior conviction.” Descamps, 133 S. Ct. at 2284. The Supreme Court has made clear time and time again that “[a]n alien’s actual conduct is irrelevant to the inquiry.” Mellouli, 135 S. Ct. at 1986. As the Board did not appropriately determine that Gordon was convicted of an aggravated felony, we grant Gordon’s petition and reject the Board’s finding of removability.”
PANEL: Circuit,Judges Tjoflat, Wilson; District Judge Robreno
INION BY: Judge Tjoflat
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So, why does an “expert tribunal” like the BIA keep getting this fairly basic stuff wrong? And, why has the DOJ eliminated EOIR training?
PWS
07-13-17