AAO on CIMT, Maryland Simple Assault

AAO on CIMT, Maryland Simple Assault

"Although the Hearing Transcript from July 15, 2008 indicates that the applicant's assault was committed against a police officer and that the applicant's actions resulted in scrapes and bruises to the police office, the Hearing Transcript states that the applicant was convicted of a misdemeanor and not a felony.  Thus, the applicant was clearly convicted of simple assault under Maryland Code Art 27, § 12A(a) and (b), and not assault involving an aggravated dimension like assault on a police officer, under Maryland Code Art 27, § 12A(c).  Furthermore, assault crimes involving aggravating factors in Maryland are generally covered by first degree assault, which includes assaults causing or attempting to cause serious bodily injury and assaults with a firearm.  See Maryland Code, Criminal Law, §3-202.  Upon reviewing the record and the statute of conviction, we find that the applicant's conviction was for simple assault and it is not a crime involving moral turpitude that renders the applicant inadmissible under section 212(a)(2)(A)(i)(I) of the Act. Moreover, because the applicant's conviction is not a crime involving moral turpitude, 8 C.F.R. 212.7(d) is not applicable to his case." - Matter of X-, July 18, 2014.  [Hats off to Michelle N. Mendez, Senior Managing Attorney, Catholic Charities DC!]