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Matthew Boampong Wireko v. Janet Reno Doris Meissner, Commissioner of the Immigration & Naturalization Service William J. Carroll, District Director, Immigration & Naturalization Service
Citations: 211 F.3d 833; 2000 U.S. App. LEXIS 8851Docket: 99-1109
Court: Court of Appeals for the Fourth Circuit; May 4, 2000; Federal Appellate Court
Matthew Boampong Wireko filed a petition for a writ of habeas corpus challenging a final removal order issued by the Attorney General, which mandated his deportation based on a conviction for an "aggravated felony." Wireko, a Ghanaian national, entered the U.S. as a nonimmigrant business visitor in 1997 and was later convicted of sexual battery in 1998. Following this conviction, he received a Notice of Intent to Issue Final Administrative Removal Order but did not contest the charges. 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). Wireko's habeas corpus petition was initially filed in the Eastern District of Virginia, where he also sought an emergency stay of the removal order, which was denied. The district court determined it lacked jurisdiction and transferred the case to the Fourth Circuit. 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. Thus, Wireko's petition was dismissed. Wireko contends that his Virginia misdemeanor conviction cannot be classified as an 'aggravated felony' under 8 U.S.C. § 1227(a)(2)(A)(iii), which mandates deportation for aggravated felony convictions. 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. 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. Comparisons to cases such as United States v. Restrepo-Aguilar and United States v. Haggerty are ineffective, as those involved different statutory language regarding drug trafficking felonies. Consequently, due to Wireko's aggravated felony conviction, the court lacks jurisdiction to review his deportation order under 8 U.S.C. § 1252(a)(2)(C), leading to the dismissal of his habeas corpus petition. Additionally, Wireko does not raise any constitutional issues related to judicial review or dispute that sexual battery constitutes a crime of violence.