CA2 on CIMT: Jang v. Garland

Jang v. Garland

"Petitioner Jung Hee Jang, a native and citizen of South Korea, seeks review of a Board of Immigration Appeals decision affirming an Immigration Judge’s denial of Jang’s application for cancellation of removal. In re Jung Hee Jang, No. A206-223-573 (B.I.A. Nov. 20, 2019), aff’g No. A206-223-573 (Immig. Ct. N.Y.C. Apr. 19, 2018). The agency found Jang ineligible for cancellation because of her state conviction for attempted second-degree money laundering, see N.Y. Penal L. § 470.15(1)(b)(ii)(A), which it deemed a “crime involving moral turpitude” (“CIMT”) under the Immigration and Nationality Act, see 8 U.S.C. § 1182(a)(2). We agree with Jang that, because her crime of conviction lacks the requisite scienter, it is not a CIMT. She is therefore eligible for cancellation of removal. ... The statute of Jang’s conviction does not require an “intent to impair the efficiency and lawful functioning of the government,” Mendez, 960 F.3d at 88, or intent to conceal the underlying crime that created the criminal proceeds. The knowledge required for conviction under § 470.15(1)(b)(ii)(A) falls well short of the depravity described by the BIA as requisite for a CIMT. The BIA therefore erred in treating Jang’s conviction for money laundering in the second degree as a CIMT and on that basis denying her application for cancellation of removal. ... For the foregoing reasons, the petition for review is GRANTED. The case is REMANDED to the agency for further consideration of Jang’s application."

[Hats off to David K.S. Kim!]