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Paredes v. Attorney General of the United States

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eBook details

  • Title: Paredes v. Attorney General of the United States
  • Author : Eighth Circuit U.S. Court of Appeals
  • Release Date : January 09, 2008
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Petitioner Ramon Armando Rojas Paredes, a native and citizen of the Dominican Republic, petitions for review of a final order of the Board of Immigration Appeals ("BIA") dismissing his appeal from an Immigration Judges ("IJ") removal order. The IJ concluded that two New Jersey state convictions against petitioner constituted offenses for which petitioner may be deported under § 237(a)(2) of the Immigration and Nationality Act ("INA"). 8 U.S.C. § 1227(a)(2)(A)(iii), (B)(i). Petitioner did not appeal the state convictions but, rather, filed petitions for writs of error coram nobis to challenge them. On appeal to the BIA, petitioner argued that the IJs decision of removal was capricious and erroneous because his challenges to the state convictions were still pending. The BIA affirmed the IJs decision, concluding that the state convictions were final for immigration removal purposes. Petitioner argues that the BIA erred and violated his due process rights by basing its order on the state convictions, because the convictions were being appealed and therefore were not yet final.


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