Third Circuit on CIMT, 'legally admitted': Totimeh v. Atty. Gen.

Third Circuit on CIMT, 'legally admitted': Totimeh v. Atty. Gen.

"We decide whether the BIA erred in holding that Totimeh’s conviction under Minnesota’s predatory offender registration statute was a crime involving moral turpitude for purposes of the Immigration and Nationality Act (“INA”). We also decide whether the BIA abused its discretion in not reopening his case to allow him to supplement the administrative record with evidence regarding when he first was admitted legally to the United States. We grant the petitions, reverse the BIA’s holding regarding Totimeh’s conviction under the predatory offender registration statute, and remand to the BIA with instructions to allow Totimeh to supplement the record to show that he was legally admitted to the United States in July 1980 and to enter an order that he is not removable under § 237(a)(2)(A)(i) of the INA. We thus vacate the order of removal." - Totimeh v. Atty. Gen., Jan. 12, 2012. [Hats off to Wayne P. Sachs!]