Unpub. BIA Descamps CIMT Victory in Arizona: Matter of Sainz-Rivera (unpub.)

Unpub. BIA Descamps CIMT Victory in Arizona: Matter of Sainz-Rivera (unpub.)

"In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1) — which criminalizes driving under the influence after one’s license has been suspended, canceled, revoked, refused or restricted — is not a categorical crime involving moral turpitude. The Board determined that the statute is not divisible in light of Descamps v. United States, 133 S. Ct. 2276 (2013), because "driving" and being in "actual physical control" of a vehicle are alternative means of committing the offense, not alternative elements as to which jurors must unanimously agree." - Matter of Sainz-Rivera, A091 684 104 (BIA Mar. 10, 2014, unpub.)