Bianco v. Holder, No. 09-60597

Petition for Review of BIA Removal Order Denied

In Bianco v. Holder, No. 09-60597, a petition for review of the Board of Immigration Appeals' (BIA) affirmance of a final order of removal, the petition is denied where 1) under 18 U.S.C. section 1227(a), a crime of domestic violence need not have as an element the domestic relation of the victim to the defendant; and 2) the BIA did not limit the remand in petitioner's case for the specific purpose of considering evidence demonstrating her date of admission to the U.S.

As the court wrote:  "Libby Bianco petitions for review of the Board of Immigration Appeals'
("BIA") affirmance of a final order of removal. Bianco contends the BIA improperly searched outside the records of her prior state court conviction to determine she had committed a "crime of domestic violence" under 8 U.S.C. § 1227(a)(2)(E)(i). The petition is DENIED."

Related Resources

• Read the Fifth Circuit's Decision in Bianco v. Holder, No. 09-60597