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    Marya v. Gonzales, 4th Cir. (2005)

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    Barinder Singh Marya, a citizen of India, was ordered removed from the United States for having been convicted of a crime of domestic violence. The Board of Immigration Appeals and immigration judge found that Marya's conviction for assault and battery of a family member constituted a crime of domestic violence under immigration statutes, making him subject to removal. While Marya's conviction was later amended to simple assault, the amendment was unrelated to the merits of the original conviction, which could still be considered for immigration purposes. The petition for review of the removal order was denied.

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    Marya v. Gonzales, 4th Cir. (2005)

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    Barinder Singh Marya, a citizen of India, was ordered removed from the United States for having been convicted of a crime of domestic violence. The Board of Immigration Appeals and immigration judge found that Marya's conviction for assault and battery of a family member constituted a crime of domestic violence under immigration statutes, making him subject to removal. While Marya's conviction was later amended to simple assault, the amendment was unrelated to the merits of the original conviction, which could still be considered for immigration purposes. The petition for review of the removal order was denied.

    Original Description:

    Filed: 2005-08-11 Precedential Status: Non-Precedential Docket: 05-1098

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    Barinder Singh Marya, a citizen of India, was ordered removed from the United States for having been convicted of a crime of domestic violence. The Board of Immigration Appeals and immigration judge found that Marya's conviction for assault and battery of a family member constituted a crime of domestic violence under immigration statutes, making him subject to removal. While Marya's conviction was later amended to simple assault, the amendment was unrelated to the merits of the original conviction, which could still be considered for immigration purposes. The petition for review of the removal order was denied.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    6 views3 pages

    Marya v. Gonzales, 4th Cir. (2005)

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    Scribd Government Docs
    Barinder Singh Marya, a citizen of India, was ordered removed from the United States for having been convicted of a crime of domestic violence. The Board of Immigration Appeals and immigration judge found that Marya's conviction for assault and battery of a family member constituted a crime of domestic violence under immigration statutes, making him subject to removal. While Marya's conviction was later amended to simple assault, the amendment was unrelated to the merits of the original conviction, which could still be considered for immigration purposes. The petition for review of the removal order was denied.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-1098

    BARINDER SINGH MARYA,


    Petitioner,
    versus
    ALBERTO R. GONZALES, Attorney General,
    Respondent.

    On Petition for Review of an Order of the Board of Immigration


    Appeals. (A45-602-866)

    Submitted:

    July 20, 2005

    Decided:

    August 11, 2005

    Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Alfred L. Robertson, Jr., STEPHEN J. SHEEHY, III & ASSOCIATES,


    Annandale, Virginia, for Petitioner. Peter D. Keisler, Assistant
    Attorney General, M. Jocelyn Lopez Wright, Assistant Director,
    Bryan S. Beier, Office of Immigration Litigation, UNITED STATES
    DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Barinder Singh Marya, a native and citizen of India,
    seeks review of an order of the Board of Immigration Appeals
    (Board) affirming without opinion the immigration judges decision
    ordering Maryas removal for having been convicted of a crime of
    domestic violence under 8 U.S.C. 1227(a)(2)(E)(i) (2000).

    We

    have reviewed the administrative record and conclude that the Board
    and the immigration judge did not err in finding that Maryas
    conviction for assault and battery of a family member, in violation
    of Virginia Code 18.2-57.2 (Michie 2004), constituted a crime of
    domestic violence under the immigration statutes and therefore made
    Marya subject to removal.
    We also note that although Maryas conviction was amended
    to simple assault, Marya has not shown that the amendment was
    related to or called into question the integrity of the merits of
    his original conviction.

    Thus, his original conviction may be

    considered for immigration purposes.

    Cf. Yanez-Popp v. INS, 998

    F.2d 231, 235 (4th Cir. 1993) ([U]nless a conviction is vacated on


    its merits, a revoked state conviction is still a conviction for
    federal immigration purposes.); see also In re Pickering, 23 I. &
    N. Dec. 621, 624 (BIA 2003) (If, however, a court vacates a
    conviction for reasons unrelated to the merits of the underlying
    criminal

    proceedings,

    the

    respondent

    - 2 -

    remains

    convicted

    for

    immigration purposes.).

    No remand for further proceedings is

    necessary.
    We accordingly deny the petition for review. We dispense
    with oral argument because the facts and legal contentions are
    adequately presented in the materials before the court and argument
    would not aid the decisional process.

    PETITION DENIED

    - 3 -

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