Case: 16-15100 Date Filed: 10/05/2017 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 16-15100 Agency No. A075-856-276 JOSE LUIS GONZALEZ, Petitioner, versus U. S. ATTORNEY GENERAL, Respondent. Petition for Review of a Decision of the Board of Immigration Appeals (October 5, 2017) Before TJOFLAT and JORDAN, Circuit Judges, and HUCK, * District Judge. * Honorable Paul C. Huck, United States District Judge for the Southern District of Florida, sitting by designation. Case: 16-15100 Date Filed: 10/05/2017 Page: 2 of 10 HUCK, District Judge: Jose Luis Gonzalez, a lawful permanent resident, petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s order that Gonzalez be deported as an alien convicted of a crime involving moral turpitude at the time of his adjustment of status. See 8 U.S.C. § 1227(a)(1)(A); 8 U.S.C. § 1182(a)(2)(A)(i)(I). Gonzalez concedes that his 1998 conviction under Fla. Stat. § 843.01 is now considered a crime involving moral turpitude under our precedent. Cano v. U.S. Att’y Gen., 709 F.3d 1052 (11th Cir. 2013). The question before us is whether his conviction fifteen years before Cano, which held that Fla. Stat. § 843.01 is a crime involving moral turpitude, is sufficient to sustain his removability under 8 U.S.C. § 1227(a)(1)(A). I. BACKGROUND Gonzalez is a national and citizen of Colombia who was admitted to the United States as a crewman in 1986. In May 1998, Gonzalez was convicted in Miami-Dade County, Florida, of battery in violation of Fla. Stat. § 784.03; battery on a law enforcement officer in violation of Fla. Stat. § 784.07; and resisting an officer with violence in violation of Fla. Stat. § 843.01. This last conviction is the subject of this appeal. On July 25, 1998, Gonzalez was granted adjustment of status based on his 2 Case: 16-15100 Date Filed: 10/05/2017 Page: 3 of 10 marriage to a U.S. citizen. According to the DHS, Gonzalez did not disclose his conviction under Fla. Stat. § 843.01 in his adjustment of status application. Gonzalez contends that he did disclose the conviction. The record before us demonstrates that Gonzalez checked “Yes” to the question regarding whether he had any sort of criminal history. The record does not contain any further details or discussion regarding this disclosure. In November 2011, Gonzalez applied for naturalization. In June 2013, the DHS placed Gonzalez in removal proceedings, alleging that he was subject to removal from the United States pursuant to 8 U.S.C. § 1227(a)(1)(A) because at the time of his adjustment of status he was inadmissible to the United States as an alien who had been convicted of a crime involving moral turpitude for which he had not received a waiver of grounds of inadmissibility. In January 2015, Gonzalez filed a motion to terminate his removal proceedings, arguing that the DHS had failed to meet its burden of proof to show by clear, unequivocal, and convincing evidence that his conviction was for a crime ...
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