Immigration Law

Unpub. BIA CIMT Termination Victory (Dec. 6, 2017)

"On de novo review, we are not persuaded by the DHS's appellate arguments to disturb the Immigration Judge's decision to terminate these removal proceedings. We agree with the Immigration Judge's conclusion, as set forth in his well-reasoned decision, that applying the precedent decisions of the Board and the Ninth Circuit, the sexual motivation sentencing enhancement added to the respondent's conviction for the offense of assault in third degree in violation ofRCW § 9A-36.03l(l)(f) does not elevate a "categorically non-morally turpitudinous crime into a crime involving moral turpitude" (IJ at 9). ... As the respondent is not subject to removal as charged under section 237(a)(2)(A)(i) of the Act on that basis, the DHS's appeal of the Immigration Judge's decision to terminate these removal proceedings will be dismissed." - Matter of X-, Dec. 6, 2017, unpub.

[Hats off to NWIRP Tacoma office staff attorney Camila Maturana!]