LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
"Proceeding pro se, Salvador Cisneros-Guerrerro, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals finding that his prior offense of public lewdness, under Texas Penal Code § 21.07, was categorically a crime involving moral turpitude and that he was therefore ineligible for cancellation of removal under § 240A(b)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1). We GRANT Cisneros-Guerrerro’s petition. ... Under its plain language, section 21.07 is divisible into at least one subsection that proscribes turpitudinous conduct and at least one subsection that proscribes non-turpitudinous conduct. ... [T]he statute, coupled with caselaw, proscribes inoffensive and ubiquitous conduct... Such de minimis touching, even in public, may involve proscribed misdemeanor conduct, but, we hold, does not “shock the public conscience as being inherently base, vile, or depraved.” ... Because section 21.07 is divisible into discrete subsections of turpitudinous acts and non-turpitudinous acts, Cisneros’s offense under that statute is not categorically a CIMT. The IJ and BIA therefore erred in declining to review Cisneros’s record of conviction, under the modified categorical approach, to determine whether Cisneros was convicted under a subsection that describes a CIMT. ... For the foregoing reasons, Cisneros’s petition for review is GRANTED. We VACATE the BIA’s decision and REMAND for further proceedings consistent with this opinion." - Cisneros-Guerrerro v. Holder, Dec. 29, 2014.