First Circuit Construes Burden of Proof for Relief

In a published decision, the First Circuit addressed whether a non-citizen could meet his burden of proof to establish eligibility for relief with an inconclusive record of conviction.  Peralta Sauceda was convicted under an assault statute in Maine with two prongs.  One of these prongs would qualify as a crime of domestic violence - rendering Peralta Sauceda ineligible for cancellation of removal for non-lawful permanent residents - while the other would not.  However, the records available did not specify under which prong he had been convicted, and he was unable to obtain any additional records from the criminal court.  As such, the First Circuit found that he had not met his burden to prove his eligibility for cancellation of removal for non-lawful permanent residents.

The full text of Peralta Sauceda v. Lynch can be found here: http://media.ca1.uscourts.gov/pdf.opinions/14-2042P-01A.pdf

First Circuit Addresses Maine's Gross Aggravated Assault Statute

Today, the First Circuit examined whether Maine's gross aggravated assault statute, which criminalizes engaging in a sexual act with a victim under the age of 14, qualifies as a crime of violence under the federal law sentencing law.  In finding that it does, the court observed that the commission of this offense creates a risk that the perpetrator will intentionally use force against the victim.  This implies that the conviction would likely be considered a crime of violence under 8 USC 16(b), which defines crimes of violence of immigration purposes.

The full text of United States v. Velazquez can be found here: http://media.ca1.uscourts.gov/pdf.opinions/14-1295P-01A.pdf