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Bianco v. Holder

United States Court of Appeals for the Fifth Circuit
624 F.3d 265 (2010)


Facts

Libby Bianco (plaintiff), a citizen of Venezuela and lawful permanent resident of the United States, was convicted of aggravated assault and possessing an instrument of crime in violation of Pennsylvania law. The assault was committed against Bianco’s husband. Subsequently, the Department of Homeland Security initiated proceedings to remove Bianco from the United States. The immigration judge held that Bianco had been convicted of domestic violence even though the Pennsylvania statute did not require a showing that the victim was Bianco’s spouse. In making his determination, the immigration judge utilized evidence from outside the record of the criminal proceeding to determine the relationship between Bianco and the victim being her husband. Bianco was ordered to be removed from the United States. The Board of Immigration Appeals (BIA) affirmed the order. Bianco filed a petition against Attorney General Eric Holder, Jr., (defendant) in the Fifth Circuit Court of Appeals to appeal the BIA’s decision.

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Issue

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Holding and Reasoning (Southwick, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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