CA5 on CIMTs - Mercado v. Lynch; Hernandez v. Lynch (Matter of Hernandez vacated)

Mercado v. Lynch, May 4, 2016 - "Petitioner Jesus Cardoso Mercado was ordered removed from the United States pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) after the Board of Immigration Appeals (“BIA”) found that his convictions for indecent exposure and making terroristic threats under Texas law are crimes involving moral turpitude (“CIMT”). Because we hold that the BIA applied the incorrect standard in analyzing whether Petitioner’s convictions constitute CIMTs, we reverse and remand."

Hernandez v. Lynch, May 4, 2016 - "Petitioner Omar Alberto Hernandez, a citizen of Mexico, was determined ineligible for cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(1)(C) after an immigration judge concluded that his conviction for deadly conduct under Texas Penal Code § 22.05(a) was categorically a crime involving moral turpitude (“CIMT”). Petitioner appealed to the Board of Immigration Appeals (“BIA”), which applied the “realistic probability” approach to hold that deadly conduct was categorically a CIMT and dismissed the appeal.1 For the reasons explained in Mercado v. Lynch, 14-60539, slip op. at 3-5 (5th Cir. May 4, 2016), we hold that the BIA applied the incorrect standard in analyzing whether Petitioner’s conviction constitutes a CIMT. We reverse and remand for the BIA to analyze Petitioner’s convictions under the minimum reading approach.  1. Matter of Hernandez, 26 I. & N. Dec. 464 (BIA 2015)."

Hats off to Alfonso Otero and Martha Garza!