Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Camacho v. Whitaker

United States Court of Appeals, Eighth Circuit

December 6, 2018

Pedro Olea Camacho Petitioner
v.
Matthew G. Whitaker, Acting Attorney General of the United States Respondent

          Submitted: September 26, 2018

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

          Before WOLLMAN, KELLY, and ERICKSON, Circuit Judges.

          ERICKSON, Circuit Judge.

         Pedro Olea Camacho petitions for review of the Board of Immigration Appeals's ("BIA") denial of his motion to reconsider the BIA's previous order denying him a discretionary adjustment of status. We deny the petition.

         I. Background

         Pedro Olea Camacho is a Mexican citizen who first entered the United States without inspection in 1987. He has been married twice since entering the country. He adjusted his status to lawful permanent resident on December 7, 2000, on the basis of his first marriage. During his application process for adjustment of status, Camacho failed to disclose that he was convicted of fifth-degree theft in Iowa on September 17, 1993.

         In March of 2015, Camacho was convicted in Iowa of two counts of indecent contact with a child. The charges related to alleged sexual misconduct between 1999 and 2002. The victims were the grandchildren of his first wife. Camacho pled guilty to both counts. Following Camacho's conviction, the Department of Homeland Security ("DHS") served Camacho a Notice to Appear charging him with removability under: 8 U.S.C. § 1227(a)(2)(A)(iii), as an alien convicted of an aggravated felony (his sexual abuse of a child conviction); § 1227(a)(2)(E)(i), as an alien convicted of a crime of domestic violence; § 1227(a)(2)(A)(ii), as an alien convicted of two crimes involving moral turpitude; and § 1227(a)(1)(A), as an alien who obtained admission via fraud in 2000 by failing to disclose his 1993 theft conviction. Camacho responded by disputing his prior conviction for theft and denying all grounds for removability. On May 26, 2015, the Immigration Judge ("IJ") issued a decision finding Camacho removable as an alien convicted of an aggravated felony. Camacho then applied to adjust status through his second wife (a U.S. citizen), and sought a waiver of his inadmissibility.

         At the hearing to evaluate Camacho's application, Camacho testified that he was innocent of the underlying conduct of indecent contact with a child. Camacho explained that he pled guilty to the charges in order to avoid the possibility of a lengthy mandatory minimum sentence if convicted at trial, but that he had not actually engaged in the alleged activity. He said the charges were the result of a plot by his ex-wife to frame him. Other members of his community testified to his good character.

         The IJ granted Camacho's application, finding that Camacho merited a favorable exercise of discretion. The IJ acknowledged that ordinarily a conviction for sexual abuse of a minor would weigh heavily against granting discretionary relief. However, the IJ found that Camacho's testimony and that of his witnesses "render[ed] the conduct underlying the [sexual contact] conviction dubious." As a result, the IJ announced he would not afford the conviction its ordinary "full adverse weight."

         Neither would the IJ ignore the conviction. Testimony elicited by the government suggested that one of Camacho's victims had attempted suicide following the alleged sexual misconduct. In particular, Camacho's wife acknowledged the attempted suicide during her testimony:

Q: What happened was one of the victims tried to kill herself, right?
A: Uh-huh.

         The IJ did not directly quote Ms. Camacho's testimony. The IJ explained, however, that testimony mentioning an "apparent suicide attempt by one of the victims in concert with the accusations" led him to consider the conviction (while still giving it less weight to account for the possibility that Camacho was innocent). The IJ found that the other equities, including Camacho's long ties to his community and family, merited relief. The IJ also considered the possibility that Camacho's wife could commit suicide if the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.