Margarito Ramirez-Aguilar v. U.S. Attorney General

── Margarito Ramirez-Aguilar v. U.S. Attorney General ── Court: Court of Appeals for the Eleventh Circuit Date: May 28, 2026 Category: NEW USCA11 Case: 25-12222 Document: 29-1 Date Filed: 05/28/2026 Page: 1 of 10 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12222 Non-Argument Calendar ____________________ MARGARITO RAMIREZ-AGUILAR, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A097-138-240 ____________________ Before ROSENBAUM, GRANT, and BLACK, Circuit Judges. PER CURIAM: Margarito Ramirez-Aguilar petitions for review of the order of the Board of Immigration Appeals (BIA) dismissing his appeal of an immigration judge’s (IJ) order finding him removable under USCA11 Case: 25-12222 Document: 29-1 Date Filed: 05/28/2026 Page: 2 of 10 2 Opinion of the Court 25-12222 8 U.S.C. § 1227(a)(2)(C), and ineligible for cancellation of removal under 8 U.S.C. § 1229b(a). He contends the BIA erred in finding him ineligible for cancellation of removal as having been convicted of an “aggravated felony” under the Immigration and Nationality Act (INA) based on his conviction of aggravated assault with a deadly weapon and sentence to two years of community control under Florida law. After review, 1 we deny his petition. I. BACKGROUND In 2004, Ramirez-Aguilar, a native and citizen of Mexico, was placed in removal proceedings. An IJ granted him discretion- ary relief of cancellation of removal and adjusted his status to law- ful permanent resident. In January 2023, Ramirez-Aguilar was convicted in Florida State court of aggravated assault with a deadly weapon, in violation of Fla. Stat. § 784.021, and possession of a firearm with an altered serial number, in violation of Fla. Stat. § 790.27. The Florida court sentenced him to two years of community control under the su- 1 We are precluded from reviewing any final order of removal against an alien who is removable for having committed certain firearm offenses. 8 U.S.C. §§ 1252(a)(2)(C); 1227(a)(2)(C). Despite that jurisdictional bar, we retain juris- diction over constitutional claims or questions of law raised in a petition for review. 8 U.S.C. § 1252(a)(2)(D); Balogun v. U.S. Att’y Gen., 425 F.3d 1356, 1359- 61 (11th Cir. 2005). We review de novo questions of law, such as questions of statutory interpretation and whether the petitioner’s conviction qualifies as an aggravated felony. See Lopez-Martinez v. U.S. Att’y Gen., 149 F.4th 1202, 1207 (11th Cir. 2025); Herrera v. U.S. Att’y Gen., 811 F.3d 1298, 1300 (11th Cir. 2016). USCA11 Case: 25-12222 Document: 29-1 Date Filed: 05/28/2026 Page: 3 of 10 25-12222 Opinion of the Court 3 pervision of the Florida Department of Corrections for the aggra- vated assault conviction. This two-year sentence of community control required Ramirez-Aguilar to “remain confined to [his] ap- proved residence except for one half hour before and after [his] ap- proved employment, public service work, or any other special a