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CA4 on CIMT: Nunez-Vasquez v. Barr

July 14, 2020 (1 min read)

Nunez-Vasquez v. Barr

"David Nunez-Vasquez seeks review of the Board of Immigration Appeals (“BIA”) finding that he was removable because he had been convicted of two crimes involving moral turpitude (“CIMT”)—a conviction for leaving an accident in violation of Va. Code Ann. § 46.2–894 and a conviction for use of false identification in violation of Va. Code Ann. § 18.2–186.3(B1). We hold that neither conviction is categorically a crime involving moral turpitude. We therefore grant Nunez-Vasquez’s petition for review, vacate the BIA’s order of removal, order the Government to return Nunez-Vasquez to the United States, and remand to the BIA for further proceedings."

[Hats off to Ben Winograd, Trina Realmuto, Kristin Macleod-Ball, Nancy Morawetz and Samantha Hsieh!]