Cortez-Guillen v. Holder

OPINION

BEA, Circuit Judge:

A Mexican, now a lawful permanent U.S. resident, was convicted in Alaska of criminal “coercion.” We must now decide whether that state-law conviction constitutes a “crime of violence” under Federal Immigration law. If so, he is subject to removal from this country.

We hold that the Alaska “coercion” conviction does not necessarily equate with a federal “crime of violence” and grant the petition and remand to the Board of Immigration Appeals (BIA) for further proceedings.

I

Jose Cortez-Guillen, a native and citizen of Mexico, entered the United States on July 6, 1973, as…