Unpub. BIA on "Legally Impossible" Crimes: Matter of Clase

Unpub. BIA on "Legally Impossible" Crimes: Matter of Clase

Ben Winograd writes: "I'm happy to share this favorable BIA decision in a case I litigated with Susan Pai.  The Board held that *attempted* second degree gang assault is not a CIMT because, as New York courts have found, it is a "legally impossible" crime for trial purposes.  The Board recognized that the statute criminalizes the unintended results of intentional conduct, and that one cannot legally attempt to cause an unintended result.  The decision could be helpful to respondents in New York and other states that allow criminal defendants to plead guilty to offenses that could not be presented to a jury.  According to the respondent's deportation officer, he will be released tomorrow morning." - Matter of Clase, Apr. 25, 2014.