Narrative Opinion Summary
Matthew Boampong Wireko, a Ghanaian national, challenged a final removal order issued by the Attorney General mandating his deportation following a conviction for sexual battery, classified as an 'aggravated felony' under U.S. immigration law. Wireko, who entered the United States as a nonimmigrant business visitor in 1997, was convicted in 1998 for a misdemeanor sexual battery, receiving a sentence exceeding one year. He filed a habeas corpus petition and requested an emergency stay of removal in the Eastern District of Virginia, which was denied due to lack of jurisdiction. The case was transferred to the Fourth Circuit, which upheld the district court's jurisdictional finding, citing statutory limits on judicial review for deportation orders stemming from aggravated felony convictions under 8 U.S.C. § 1227(a)(2)(A)(iii). The court confirmed that Wireko's conviction, classified as a crime of violence, met the criteria for an aggravated felony under 8 U.S.C. § 1101(a)(43)(F). Wireko's comparisons to other cases were deemed inapplicable, and his habeas petition was dismissed. The court noted a lack of constitutional issues raised by Wireko regarding judicial review or the classification of sexual battery as a crime of violence.
Legal Issues Addressed
Application of 8 U.S.C. § 1227(a)(2)(A)(iii)subscribe to see similar legal issues
Application: Wireko was found deportable under this statute due to his conviction for an aggravated felony, supporting the issuance of a final removal order.
Reasoning: The Attorney General issued the removal order on October 18, 1998, classifying him as deportable under 8 U.S.C. § 1227(a)(2)(A)(iii).
Criteria for Aggravated Felony under 8 U.S.C. § 1101(a)(43)(F)subscribe to see similar legal issues
Application: The statute includes a crime of violence with a prison term of at least one year as an aggravated felony, applicable to Wireko's conviction.
Reasoning: The definition of 'aggravated felony' in 8 U.S.C. § 1101(a)(43)(F) includes 'a crime of violence' with a prison term of at least one year, irrespective of whether the conviction is classified as a felony.
Definition of Aggravated Felony under Immigration Lawsubscribe to see similar legal issues
Application: Wireko's misdemeanor conviction of sexual battery was classified as an aggravated felony since it was a crime of violence with a prison term of over one year, rendering him deportable under the statute.
Reasoning: Since Wireko’s misdemeanor was a crime of violence with a sentence of over one year, it qualifies as an aggravated felony, rendering him deportable under the cited statute.
Jurisdictional Limitations on Judicial Reviewsubscribe to see similar legal issues
Application: The court affirmed that it lacked jurisdiction to review Wireko's habeas corpus petition due to statutory limitations on judicial review for aliens removable for aggravated felony convictions.
Reasoning: The Fourth Circuit, led by Judge Luttig, concurred with the district court's finding and affirmed a lack of jurisdiction over Wireko's petition, citing statutory limitations on judicial review for aliens removable due to aggravated felony convictions.