Sixth Circuit finds jurisdiction to review particularly serious crime determination

Hernandez-Vasquez v. Holder, No. 09-4421 (6th Cir. July 14, 2011) (unpublished).

The issue in this Salvadoran asylum case was whether he was convicted of a particularly serious crime so as to be ineligible for asylum.  INA 208(b)(2)(A)(ii) and (c)(2).  The Court found jurisdiction to review the AG's determination that he had been convicted of such a crime.  The Court relied on Kucana v. Holder, 130 S. Ct. 827 (2010) and Berhane v. Holder, 606 F.3d 819, 821-22 (6th Cir. 2010).

On the merits, the Court agreed with the BIA that the petitioner's child endangerment conviction was a particularly serious crime.  The Court looked at both the elements of the crime of conviction and the underlying allegations in the criminal case, which included five counts of gross sexual imposition with an 8-9 year old girl.