Rogelio Morin Velaquez v. Jefferson Sessions, III

Case: 16-60087 Document: 00514247621 Page: 1 Date Filed: 11/22/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-60087 Fifth Circuit FILED November 22, 2017 ROGELIO MORIN VELAQUEZ, Lyle W. Cayce Clerk Petitioner v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A089 369 370 Before BARKSDALE, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Rogelio Morin Velaquez, a native and citizen of Mexico, seeks review of a Board of Immigration Appeals (BIA) order denying his request for a discretionary waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act (INA). Finding no error, we DENY the petition for review in part and DISMISS in part. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 16-60087 Document: 00514247621 Page: 2 Date Filed: 11/22/2017 No. 16-60087 I Morin became a lawful permanent resident in 2007. In 2012, he was convicted of manslaughter in Texas. His conviction arose from a 2010 car accident in which Morin’s friend was killed; although he was initially charged with manslaughter that involved an element of driving while intoxicated, Morin pleaded guilty to simple manslaughter and was sentenced to eight years of probation. In January 2014, the Department of Homeland Security (DHS) issued Morin a Notice to Appear (NTA), charging him as deportable under INA § 237(a)(2)(A)(i), which provides that “[a]ny alien who (I) is convicted of a crime involving moral turpitude committed within five years . . . after the date of admission, and (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.” In March 2014, Morin, appearing with counsel before an Immigration Judge (IJ), admitted the allegations in the NTA, and conceded the charge of removability. Morin subsequently submitted an application to readjust his status under INA § 245, based on a visa petition filed by his wife, and sought a waiver of inadmissibility pursuant to INA § 212(h). The IJ ultimately denied the application. The IJ agreed with DHS that Morin was convicted of a violent or dangerous crime and therefore subjected to a heightened hardship standard under 8 C.F.R. § 1212.7(d). The IJ explained: [Morin] was convicted of manslaughter under the Texas Penal Code . . . . [Morin’s] statute of conviction necessarily involves “recklessly caus[ing] the death of an individual.” T.P.C. § 19.04. A crime that necessarily involves causing the death of an individual is inherently a violent or dangerous crime. Accordingly, the “exceptional and extremely unusual hardship” standard applies to [Morin’s] case. Applying that standard, the IJ concluded that “[Morin’s] own asserted hardship combined with the asserted hardship of his family is not enough to establish exceptional and extremely unusual hardship.” The IJ therefore 2 Case: 16-60087 Document: 00514247621 Page: ...

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