《Decided March 14, 2016》.pdfVIP

Cite as 26 IN Dec. 274 (BIA 2014) Interim Decision #3797 Matter of Jose Juan CHAVEZ-ALVAREZ, Respondent Decided March 14, 2014 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) Adjustment of status constitutes an “admission” for purposes of determining an alien’s removability under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (2012), as an alien convicted of an aggravated felony “at any time after admission.” Matter of Rosas , 22 IN Dec. 616 (BIA 1999), reaffirmed. (2) An element listed in a specification in the Manual for Courts-Martial (“MCM”), which must be pled and proved beyond a reasonable doubt, is the functional equivalent of an “element” of a criminal offense for immigration purposes. (3) The crime of sodomy by force in violation of article 125 of the Uniform Code of Military Justice, 10 U.S.C. § 925 (2000), and the Punitive Articles of the MCM relating to sodomy, is a crime of violence under 18 U.S.C. § 16 (2012) within the definition of an aggravated felony under section 101(a)(43)(F) of the Act, 8 U.S.C. § 1101(a)(43)(F) (2012). FOR RESPONDENT: Valerie A. Burch, Esquire, Harrisburg, Pennsylvania FOR THE DEPARTMENT OF HOMELAND SECURITY: Jeffrey T. Bubier, Senior Attorney BEFORE: Board Panel: PAULEY, GUENDELSBERGER, and MALPHRUS, Board Members. PAULEY, Board Member: In a decision dated March 5, 2013, an Immigration Judge found the respondent removable under sections 237(a)(2)(A)(ii) and (iii) of the Immigration and Nationality Act, 8 U.S.C. §§ 1227(a)(2)(A)(ii) and (iii) (2012), as an alien convicted of two or more crime