CHAVEZ-ALVAREZ

Citations

• 26 I. & N. Dec. 274

Syllabus

CHAVEZ-ALVAREZ, 26 I&N Dec. 274 (BIA 2014) ID 3797 (PDF) (1) Adjustment of status constitutes an \admission\ for purposes of determining an alien's removability under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (2012), as an alien convicted of an aggravated felony \at any time after admission.\ Matter of Rosas, 22 I&N Dec. 616 (BIA 1999), reaffirmed. (2) An element listed in a specification in the Manual for Courts-Martial (\MCM\), which must be pled and proved beyond a reasonable doubt, is the functional equivalent of an \element\ of a criminal offense for immigration purposes. (3) The crime of sodomy by force in violation of article 125 of the Uniform Code of Military Justice, 10 U.S.C. § 925 (2000), and the Punitive Articles of the MCM relating to sodomy, is a crime of violence under 18 U.S.C. § 16 (2012) within the definition of an aggravated felony under section 101(a)(43)(F) of the Act, 8 U.S.C. § 1101(a)(43)(F)(2012).