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CA9 Remands Matter of Ortega-Lopez (CIMT, Cockfighting)

August 23, 2016 (1 min read)

Ortega-Lopez v. Lynch, Aug. 23, 2016- "Agustin Ortega-Lopez, a Mexican citizen, contends that his misdemeanor conviction for participating in cockfighting in violation of the Unlawful Animal Venture Prohibition, 7 U.S.C. § 2156(a)(1), does not qualify as a categorical crime involving moral turpitude (“CIMT”). The Immigration Judge (“IJ”) and Board of Immigration Appeals (“BIA”) concluded that it did. We grant the petition and remand for further proceedings consistent with this opinion. ... The answer cannot be that outlawing cockfighting in the 50 states automatically qualifies cockfighting as a CIMT—more is required."  [Hats off to N. David Shamloo and amici!]

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