NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0253n.06 No. 18-3597 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED May 10, 2019 JOSE ANGEL HERNANDEZ-MALDONADO, DEBORAH S. HUNT, Clerk Petitioner, ON PETITION FOR REVIEW v. FROM THE BOARD OF IMMIGRATION APPEALS WILLIAM P. BARR, Attorney General, Respondent. ________________________________________ BEFORE: MERRITT, CLAY, and ROGERS, Circuit Judges. CLAY, Circuit Judge. Petitioner Jose Angel Hernandez-Maldonado appeals the Board of Immigration Appeals’ June 19, 2018 order that Petitioner be removed from the United States pursuant to the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i), as a result of his conviction for domestic violence in violation of Ohio Rev. Code § 2919.25(C). For the reasons set forth below, we AFFIRM the removal order. BACKGROUND Factual Background Petitioner is a 46-year-old native and citizen of Mexico who first arrived in the United States in 1997. On March 18, 2008, Petitioner became a lawful permanent resident. On November 13, 2008, Petitioner was convicted in Ohio state court for domestic violence in violation of Ohio Rev. Code § 2919.25. The state court later issued a nunc pro tunc order clarifying that Petitioner was convicted for violating § 2919.25(C). Case No. 18-3597, Hernandez-Maldonado v. Barr Procedural History On November 17, 2008, Respondent initiated removal proceedings against Petitioner pursuant to the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i). Petitioner admitted that he was convicted for domestic violence in violation of Ohio Rev. Code § 2919.25(C), but denied that he was subject to removal, asserting that his conviction did not qualify as a “crime of violence” under 18 U.S.C. § 16(a). On October 4, 2010, the Immigration Judge (“IJ”) determined that Petitioner’s conviction did qualify as a “crime of violence” under 18 U.S.C. § 16(a), and ordered that Petitioner be removed from the United States. On June 19, 2018, the Board of Immigration Appeals (“BIA”) affirmed the IJ’s determination and order. This appeal followed. DISCUSSION I. Standard of Review Where, as here, the BIA reviews the decision of an IJ and issues a separate opinion rather than summarily affirming the IJ’s decision, we review the BIA’s opinion as the final agency determination. Al-Ghorbani v. Holder, 585 F.3d 980, 991 (6th Cir. 2009). Whether a prior conviction qualifies as a “crime of violence” under 18 U.S.C. § 16(a) is a question of law that we review de novo. Van Don Nguyen v. Holder, 571 F.3d 524, 528 (6th Cir. 2009). II. Analysis At issue in this case is whether Petitioner’s conviction for domestic violence in violation of Ohio Rev. Code § 2919.25(C) qualifies as a “crime of violence” under 18 U.S.C. § 16(a). Ohio Rev. Code § 2919.25 provides, in relevant part: (A) No person shall knowingly cause or attempt to cause physical harm to a family or household member. (B) No person shall recklessly cause serious physical harm to a family or household member. 2 Case No. 18-3597, Hernandez-Maldonado v. Barr (C) No person, by threat of force, shall knowingly cause a family or household member to believe ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals