In the Matter of [REDACTED] (A Cancellation of Removal under INA 240A)

Samuel Campbell Marsh

Case Conclusion Date:March 23, 2012

Practice Area:Immigration

Outcome:Respodent was awarded Cancellation of Removal

Description:The Respondent was an LPR who had been convicted of a felony (arson) for setting a person's car on fire. Normally, this would have prevented him from being eligible for C.O.R. under INA 240A. However, under the categorical and modified categorical approaches in Taylor, the arson statute upon which the Respondent was convicted encompassed crimes that were NOT crimes of violence, and hence, NOT aggravated felonies (such as one setting your own car on fire, commonly done for insurance fraud). Therefore, because the conviction record and plea agreement left these details vague, the Respondent's crime would not be considered an AF and he would be in fact eligible for COR