CA8 on CIMT; BIA Failed to Apply Silva-Trevino: Godoy Bobadilla v. Holder

CA8 on CIMT; BIA Failed to Apply Silva-Trevino: Godoy Bobadilla v. Holder

"The only issue we will address is whether his conviction for providing a false name to a peace officer is categorically a crime involving moral turpitude, a question of law we have jurisdiction to consider. ... We grant Bobadilla’s petition for review and remand. ... In this case, the IJ’s decision made no mention of Silva-Trevino’s governing standard. The BIA purported to apply Silva-Trevino in concluding that providing a false name to a peace officer in violation of Minn. Stat. § 609.506.1 is inherently or categorically a CIMT. But its decision simply reasoned “that because the statute reflects an intentional attempt to evade responsibility, the conduct covered by the statute is inherently base, vile, and reprehensible.” Bobadilla argues his crime is not “inherently base, vile, or depraved” and therefore the BIA should have “looked behind his conviction.” We agree." - Godoy Bobadilla v. Holder, May 29, 2012.

[Hats off to John E. Mack!]

Comments

Anonymous
Anonymous
  • 06-04-2012

It's not so great for others, though, since they reversed Guardado-Garcia, and endorsed Matter of Silva-Trevino.