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Immigration Law

CA2 Vacates Matter of Mendez! (CIMT, Misprision)

Mendez v. Barr

"Tomas Mendez, a lawful permanent resident, was denied reentry to the country upon his return from a trip abroad. The Department of Homeland Security charged him as inadmissible for having been previously convicted of misprision of a felony in violation of 18 U.S.C. § 4. An immigration judge found Mendez removable as charged, and the BIA affirmed, reasoning that misprision is categorically a crime of moral turpitude. Mendez petitioned for review, arguing that § 4 did not require, as an element, the requisite intent for a crime of moral turpitude. We GRANT the petition and VACATE the decision of the BIA."

[Hats off to Gerard Cedrone and William Jay Lawyer!]