CA3 on Justiciability, CIMT: Mayorga v. Atty. Gen.

"[W]e hold that Mayorga would suffer a serious adverse consequence if his crime of conviction were found to categorically be a CIMT, and that his challenge to the IJ’s CIMT ruling is therefore justiciable.  We further hold that the IJ and the BIA were incorrect in finding that Mayorga’s crime of conviction was categorically a CIMT, and that there is no reason to remand the case to the BIA.  We therefore grant the petition for review and reverse the BIA’s conclusion that Mayorga is removable for having been convicted of a CIMT." - Mayorga v. Atty. Gen., June 27, 2014.  [Hats way off to K&L Gates pro bono attorneys Tad J. Macfarlan and David R. Fine!]