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Caselaw Chart: Assault-Related CIMTs

March 20, 2021 (1 min read)

CLINIC, Tanika Vigil, March 2021

"This chart provides a summary of BIA and circuit court case law regarding the crime involving moral turpitude (CIMT) analysis for assault-related offenses. The purpose of this chart is to provide practitioners and advocates with a more thorough context for the state of the law together with reference points for analogizing to assault statutes that have not yet been evaluated by the courts. Practitioners should note that state legislatures often amend criminal laws. Accordingly, it is important to always confirm whether the offense/elements analyzed by the BIA or the circuit court in a given opinion are the same as the elements at issue in a client’s statute of conviction. The chart only reflects the elements discussed within the cited decisions and does not reflect any changes that may have occurred within those statutes since the decisions were issued. Furthermore, the chart includes some limited unpublished case law in an effort to provide further insight into how courts might think about a particular kind of assault offense. Unpublished case law is neither precedential nor binding in immigration matters."