CA1 on CIMT: Coelho v. Sessions

Coelho v. Sessions, July 24, 2017 - "This appeal presents the question of whether the Board of Immigration Appeals ("BIA") committed reversible error when it held that the Massachusetts crime of assault and battery with a dangerous weapon ("ABDW"), in violation of Mass. Gen. Laws ch. 265, § 15A(b), is categorically a crime involving moral turpitude ("CIMT") under the Immigration and Nationality Act ("INA"), Pub. L. No. 82-414, 66 Stat. 163 (1952)(codified as amended in scattered sections of 8 U.S.C.). The consequence of this BIA ruling is that petitioner Joao Lopes Coelho is not eligible for cancellation of removal. Because we remain uncertain about the BIA's views on the relevant Massachusetts law governing its CIMT determination, we remand for further consideration consistent with this opinion."

[Hats off to Todd Pomerleau, with whom Jeffrey B. Rubin and Rubin Pomerleau P.C. were on brief, for petitioner; Emma Winger, Immigration Impact Unit, Committee for Public Counsel Services, on brief for the Massachusetts Committee for Public Counsel Services Immigration Impact Unit, the National Immigration Project of the National Lawyers Guild, and the Immigrant Defense Project, amici curiae!]