Sentencing Guidelines

By: Derek Hawkins//August 8, 2017//

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7^th Circuit Court of Appeals

Case Name: Flaviano Victoria-Faustino v. Jefferson B. Sessions III, Attorney General of the United States

Case No.: 16-1784

Officials: FLAUM, MANION, and WILLIAMS, Circuit Judges

Focus: Sentencing Guidelines

While the government is correct that the INA generally strips us of jurisdiction to consider an appeal of a Final Administrative Removal Order (“FARO”), we retain jurisdiction to determine whether the underlying conviction upon which the FARO is based is an aggravated felony. Therefore, although Victoria‐Faustino failed to respond to the Notice of Intent, we may still consider his arguments that his underlying conviction does not constitute an aggravated felony. Because we find that Victoria‐Faustino’s 2000 conviction was not properly classified as an aggravated felony, we grant the petition for review and remand to the Board of Immigration Appeals for further proceedings.

Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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