Unpub. BIA on CIMT: Matter of Sainz-Rivera

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1)—which criminalizes driving under the influence after one’s license has been suspended, canceled, revoked, refused or restricted—is not a categorical crime involving moral turpitude. The Board determined that the statute is not divisible in light of Descamps v. United States, 133 S. Ct. 2276 (2013), because "driving" and being in "actual physical control" of a vehicle are alternative means of committing the offense, not alternative elements as to which jurors must unanimously agree. The decision was written by Member Roger Pauley and joined by Member John Guendelsberger and Member Anne Greer." - Matter of Sainz-Rivera, Mar. 10, 2014, unpub.