DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193412P.pdf 03/09/2021 Javier Gonzalez v. Monty Wilkinson
U.S. Court of Appeals Case No: 19-3412
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Kelly, Author, with Benton and Shepherd, Circuit Judges]
Petition for Review - Immigration. The categorical approach to comparing
statutory elements of a state offense with the analogous federal offense
requires a petitioner seeking cancellation of removal to demonstrate that
the state offense he was convicted of is broader than the federal offense,
but it does not require petitioner to show that there is a realistic
probability that the state actually prosecutes people for the conduct that
makes the state offense broader than the federal offense. Here, the agency
required petitioner to make both showings and the denial of cancellation
of removal is reversed, and the matter is remanded for further proceedings
on the question of whether petitioner also failed to satisfy the
requirements of Section 1229(B).