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CA2 on CIMT: Giron-Molina v. Garland

June 20, 2023 (1 min read)

Giron-Molina v. Garland

"Petitioner Maria Monserrat Giron-Molina seeks review of a decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal, ordering her removed, and denying her application for cancellation of removal. The BIA ordered that she be removed under 8 U.S.C. § 1227(a)(2)(A)(i)(I) for having been convicted of a crime involving moral turpitude (“CIMT”). See 8 U.S.C. § 1252(a)(2)(C)–(D). Specifically, the BIA and Immigration Judge (“IJ”) determined that a conviction under Arkansas Code Annotated (“ACA”) § 5-60-101 is categorically a CIMT. We REVERSE. We conclude that a conviction under ACA § 5- 60-101 is not categorically a CIMT because the statute criminalizes conduct that is not “inherently base, vile, or depraved.” Mota v. Barr, 971 F.3d 96, 99 (2d Cir. 2020)."

[Hats off to Lara Nochomovitz!]

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