Matter of Onesta REYES, Respondent (agency decision, November 21, 2019)

Plain-English summary

The Attorney General referred the Board’s decision in Onesta Reyes’s case for review. The order asks whether a conviction is necessarily an aggravated felony when every element and means of committing the offense corresponds to either an aggravated-felony theft offense or an aggravated-felony fraud offense. The Board’s decision was automatically stayed while the Attorney General considered the question. The order invited briefing from the parties and interested amici and set deadlines for opening and reply briefs.

Decision snapshot

• Cited authorities: 8 C.F.R. § 1003.1(h)(1)(i); 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1101(a)(43)(G), and 1101(a)(43)(M)(i)
• Outcome: The Attorney General referred the Board’s decision for review and stayed it pending review.
• Key point: The referral asks how the categorical elements of a criminal statute determine whether a conviction is an aggravated felony.

Full text (BIA official public release)

Cite as 27 I&N Dec. 708 (A.G. 2019) Interim Decision #3969

             Matter of Onesta REYES, Respondent
          Decided by Attorney General November 21, 2019

                     U.S. Department of Justice
                    Office of the Attorney General


             BEFORE THE ATTORNEY GENERAL
Pursuant to 8 C.F.R. §1003.1(h)(1)(i), I direct the Board of Immigration

Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me, I invite the parties and interested amici to submit briefs that address whether an alien who has been convicted of a criminal offense necessarily has been convicted of an aggravated felony for purposes of 8 U.S.C.
§1227(a)(2)(A)(iii), where all of the elements of the underlying statute of conviction, and thus all of the means of committing the offense, correspond either to an aggravated felony theft offense, as defined in 8 U.S.C.
§1101(a)(43)(G), or to an aggravated felony fraud offense, as defined in 8 U.S.C. §1101(a)(43)(M)(i).

The parties’ briefs shall not exceed 15,000 words and shall be filed on or

before December 20, 2019. Interested amici may submit briefs not exceeding 9,000 words on or before January 17, 2020. The parties may submit reply briefs not exceeding 6,000 words on or before January 17, 2020. All filings shall be accompanied by proof of service and shall be submitted electronically to [email protected], and in triplicate to:

                 United States Department of Justice
             Office of the Attorney General, Room 5114
                   950 Pennsylvania Avenue, NW
                        Washington, DC 20530

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

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