CA2 on CIMT: Lugo v. Holder

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture.  Ms. Lugo argues that the Board erred in holding that her 2005 conviction for misprision of felony qualified as a “crime involving moral turpitude” making her ineligible for cancellation of removal.  She also argues that the Board erred in denying her Convention Against Torture claim.  We conclude that this appeal raises two issues that are best resolved in the first instance by the Board in a precedential opinion: (1) whether the Board still adheres to the position that misprision of felony qualifies as a “crime involving moral turpitude” notwithstanding the Ninth Circuit’s contrary holding in Robles-Urrea v. Holder, 678 F.3d 702 (9th Cir. 2012), and (2) if so, whether the Board’s position can be applied retroactively to Ms. Lugo’s case.  We do not reach Ms. Lugo’s Convention Against Torture claim. We VACATE the judgment and REMAND the case for further proceedings consistent with this opinion." - Lugo v. Holder, Apr. 9, 2015.  [Hats off to Joshua Bardavid!]