Raul Jesus Alonso v. U.S. Attorney General

Case: 19-12249 Date Filed: 03/26/2020 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12249 Non-Argument Calendar ________________________ Agency No. A029-389-841 RAUL JESUS ALONSO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (March 26, 2020) Before ED CARNES, Chief Judge, WILSON, and ANDERSON, Circuit Judges. PER CURIAM: Case: 19-12249 Date Filed: 03/26/2020 Page: 2 of 11 Raul Jesus Alonso, a native and citizen of Cuba, petitions for review of the Board of Immigration Appeals’ denial of his statutory motion to reopen proceedings and refusal to exercise its authority to sua sponte reopen proceedings. I. In 1991 Alonso entered the United States. His status was adjusted to lawful permanent resident on November 25, 1992. In 1994 he hit and killed a woman with his car in Florida while he was under the influence of alcohol. As a result, he was convicted of “Driving Under the Influence/Manslaughter” under Fla. Stat. § 316.193(3)(c)(3), and he was sentenced to more than one year in prison. In September 1997, while in prison, he was charged in a Notice to Appear with being removable under 8 U.S.C. § 1227(a)(2)(A)(iii), for having been convicted of Driving Under the Influence/Manslaughter, a crime that qualified as an aggravated felony under the Immigration and Nationality Act because it was a “crime of violence” under 18 U.S.C. § 16. 1 The Notice to Appear did not have a 1 “The Immigration and Nationality Act (INA) renders deportable any alien convicted of an ‘aggravated felony’ after entering the United States. 8 U.S.C. § 1227(a)(2)(A)(iii).” Sessions v. Dimaya, 138 S. Ct. 1204, 1210 (2018). Among other things, “an aggravated felony includes ‘a crime of violence (as defined in section 16 of title 18 ...) for which the term of imprisonment [is] at least one year.’” Id. (quoting 8 U.S.C. § 1101(a)(43)(F)). And 18 U.S.C. § 16 defines a “crime of violence” as either “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another,” id. § 16(a) (known as the elements clause) or “any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense,” id. § 16(b) (known as the residual clause). 2 Case: 19-12249 Date Filed: 03/26/2020 Page: 3 of 11 date or time for the hearing. In October 1997 he received a separate notice informing him of a November 5, 1997 hearing. At the November 5 hearing, Alonso denied having received the Notice to Appear, so the Immigration Judge responded, “[Y]ou now have one in front of you. Please consider yourself served with it.” The IJ gave him a list of Legal Aid attorneys and continued the hearing until December 18. Another notice of hearing was sent on November 12 ...

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