Immigration Law

CA6 on CIMT: Molina Hernandez v. Whitaker

Molina Hernandez v. Whitaker

"Julio Molina Hernandez (“Molina”) appeals the Board of Immigration Appeals (“BIA”) decision (1) finding him removable on the basis that his felonious assault conviction under Mich. Comp. Laws § 750.82 is a crime involving moral turpitude (“CIMT”), (2) denying him asylum and withholding of removal, and (3) denying him protection under the Convention Against Torture (“CAT”). Molina also argues that the term “CIMT” is unconstitutionally vague. Because Molina reasonably relied on this circuit’s decision in Hanna v. Holder, 740 F.3d 379 (6th Cir. 2014), which held that the Michigan felonious assault statute is not categorically a CIMT, we reverse the BIA and find that Molina is not removable based on his prior conviction. ... In Hanna, we held that MCL § 750.82 is not categorically a CIMT. Today, we conclude that the Michigan statute is not divisible. Thus, we hold that MCL § 750.82 is not a CIMT, and that Molina is not removable based on a conviction for a CIMT. Accordingly, we reverse the BIA and remand for further proceedings in accordance with this opinion."

[Hats off to Russell Abrutyn!]