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Immigration Law

Unpub. BIA CIMT Termination Victory; Mens Rea, Divisibililty - TEX. CODE CRIM. PROC. § 62.102

Matter of X-, Jan. 5, 2018, unpub. - "[W]e conclude that the respondent's conviction for Failure to Comply with Registration Requirements does not constitute a conviction for a crime involving moral turpitude. ... Given the mental state which is simply "read into" the statute, the large breadth of potential violations covered under the statute, and the lack of any notice requirement, a violation of TEX. CODE CRIM. PROC. § 62.102 does not, at a minimum, necessarily involve conduct which rises to the level of being inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. ... The respondent's appeal is sustained and the Immigration Judge's decision to sustain the charge of removability under section 212(a)(2)(A)(i)(I) of the Act is vacated. ... These removal proceedings are terminated."

[Hats way off to Miriam A. Ayala!]