Nery G. Ventura v. Dept. of Homeland

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-1751
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Mesba Keder Mossa, *
*
Petitioner, * Petition for Review from a
* Decision of the Board of
v. * Immigration Appeals.
*
Alberto Gonzales, Attorney General * [UNPUBLISHED]
of the United States, *
*
Respondent. *
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Submitted: December 16, 2005
Filed: December 28, 2005
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Before MELLOY, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.
Mesba Keder Mossa petitions for review of a final order of the Board of
Immigration Appeals. See 8 U.S.C. § 1252. An Immigration Judge ordered Mossa
removed for two prior domestic-battery convictions under Kansas law, pursuant to 8
U.S.C. § 1227(a)(2)(E)(i). The BIA affirmed the IJ. Mossa claims that his
convictions are not "crimes of domestic violence" against a "protected person" under
8 U.S.C. § 1227(a)(2)(E)(i). These arguments are without merit. An alien is
deportable if convicted of a crime of domestic violence against any person who is
protected under the domestic violence laws of any state. See 8 U.S.C. §
1227(a)(2)(E)(i). Kansas law protects "household members" who reside together

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from "domestic battery" by other residents of the same household. K AN. S TAT . ANN.
§§ 21-3412(c)(4) (2000); 21-3412a(c)(1) (2001). As Mossa committed domestic
battery against two "household members" – his brother and his cousin – both of his
convictions fall squarely within the Act. Accordingly, after a de novo review of the
legal determinations, no error of law appears. This court denies Mossa's petition for
review. See 8th Cir. R. 47B.

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