[Download] "Evanson v. Attorney General of the United States" by United States Court of Appeals for the Eighth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Evanson v. Attorney General of the United States
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 19, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Wister Evanson, a native and citizen of Trinidad and Tobago, pled guilty to possession of marijuana with intent to deliver and criminal conspiracy in violation of Pennsylvania law. After the state judge sentenced him to probation and community service, the Department of Homeland Security ("DHS") commenced removal proceedings. The Immigration Judge ("IJ") found that Evansons offense did not constitute an aggravated felony and granted cancellation of removal. However, based on information found only in a sentencing document, the Board of Immigration Appeals ("BIA") found that the offense constituted an aggravated felony and ordered removal. For the reasons that follow, we conclude that the BIA erred in failing to apply the modified categorical approach set forth in Taylor v. United States, 495 U.S. 575 (1990), and Shepard v. United States, 544 U.S. 13 (2005), and therefore erred when it considered Evansons sentencing document to determine whether he had been convicted of an aggravated felony. We will thus grant the Petition and remand for further proceedings.