LexisNexis® Legal Newsroom
BIA on CIMT: Matter of Leal, ID 3768, 26 I&N Dec. 20 (BIA 2012)

Matter of Leal, ID 3768, 26 I&N Dec. 20 (BIA 2012) - The offense of “recklessly endangering another person with a substantial risk of imminent death” in violation of section 13-1201(A) of the Arizona Revised Statutes is categorically a crime involving moral turpitude under the definition...

Why the Average Visa Applicant Can't Be Expected to Recognize a 'Crime Involving Moral Turpitude'

" In a fascinating recent decision (courtesy of attorney Stephen Heller ), the Office of Administrative Appeals determined that a visa waiver applicant is not expected to know the meaning of a “crime involving moral turpitude” (“CIMT”), with the welcome recognition that “the...

Was the Attorney Really Ineffective in Kovacs v. USA?

"In Kovacs v. United States , the United States Court of Appeals for the Second Circuit reversed a lower district court’s decision denying a writ of error coram nobis to vacate a 1999 guilty plea to misprision of felony on the ground that his lawyer rendered ineffective assistance. While the...

CA9 on CIMT, False Imprisonment: Turijan v. Holder

"Rodrigo Montiel Turijan petitions for review of a final decision of the Board of Immigration Appeals (“BIA”). The issue on appeal is whether felony false imprisonment under California Penal Code (“CPC”) §§ 236 and 237 is a categorical crime involving moral turpitude...

CA3 on CIMT: Hernandez-Cruz v. Attorney General

"Hernandez-Cruz argues that his Pennsylvania conviction for child endangerment does not constitute a crime involving moral turpitude (“CIMT”) because his statute of conviction “may be violated without implicating conduct that the Board . . . has defined as - inherently base, vile...

CA3 on CIMT: Mahn v. Attorney General

"Emmanuel Mahn petitions for review of his final order of removal and contends that his Pennsylvania conviction for reckless endangerment is not a crime involving moral turpitude (“CIMT”). Applying the categorical approach, we conclude that the least culpable conduct punishable under...

IJ: TX Assault Not Necessarily CIMT

César Cuauhtémoc García Hernández writes: "Courts have long used the categorical approach to determine whether a migrant has been convicted of a removable offense. Along with its sibling, the modified categorical approach, this method of statutory interpretation is central...

CA4 on CIMT: Mohamed v. Holder

"Because Mohamed’s 2011 conviction for failure to register as a sex offender, in violation of Va. Code Ann. § 18.2-472.1, was not a crime involving moral turpitude, the BIA erred as a matter of law in relying on that conviction as a basis to order Mohamed’s removal under 8 U.S.C...

DHS: Arizona Solicitation Statute Not Divisible, Not a CIMT

Laura Murray-Tjan writes: "I appealed pretermission of a non-LPR cancellation of removal claim to the Ninth Circuit, arguing that (1) the client's Arizona solicitation conviction can't be a CIMT ground of inadmissibility, as the agency had held; and (2) the underlying offense isn't a...

CA9 Upholds Matter of Leal (Categorical CIMT)

Court Staff Summary: "The panel denied Edgar Leal’s petition for review of the three-judge published Board of Immigration Appeals’ decision, Matter of Leal , 26 I. & N. Dec. 20 (BIA 2012), which held that Leal’s conviction for felony endangerment, in violation of Arizona Revised...

CA9 on Evidence, CIMT: Vargas Cervantes v. Holder (upholding Rotimi)

"We hold that although the BIA correctly determined that Vargas’s conviction under California Penal Code § 422 was for a CIMT and that Vargas is ineligible for an extreme hardship waiver, the BIA erred in concluding that Vargas’s conviction under California Penal Code § 273...

CA5 on CIMT, 'de minimus touching' - Cisneros-Guerrerro v. Holder

"Proceeding pro se, Salvador Cisneros-Guerrerro, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals finding that his prior offense of public lewdness, under Texas Penal Code § 21.07, was categorically a crime involving moral turpitude and...

Unpub. BIA CIMT Victory at Oakdale

"The respondent was convicted under 42 U.S.C. § 408(a)(8), for the offense of Disclosure and Use of the Social Security Number of Another Person in Violation of the Laws of the United States. The statute at 42 U.S.C. § 408(a)(8), criminally sanctions anyone who "discloses, uses, or...

CA9 on CIMT, Gang Enhancement: Hernandez-Gonzalez v. Holder

"Does a conviction for a felony “for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members” constitute a crime involving moral turpitude? We hold that the answer...

CA2 on CIMT: Lugo v. Holder

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction for misprision of felony qualified as a “crime...

Attorney General Holder Vacates Matter of Silva-Trevino

"On November 7, 2008, Attorney General Mukasey issued an opinion in this matter vacating the August 8, 2006, decision of the Board of Immigration Appeals and remanding respondent's case for further proceedings in accordance with his opinion. See Matter of Silva-Trevino, 24 I&N Dec. 687 ...

CA10 on CIMT, 212(h) Waiver - Obregon de Leon v. Lynch

Obregon de Leon v. Lynch, Dec. 22, 2015 - "We affirm the Board’s determination that Mr. Obregon is removable because his conviction for possession of stolen vehicles constitutes a crime involving moral turpitude. However, Mr. Obregon is statutorily eligible to apply for a discretionary waiver...

CA9, En Banc, on CIMT - Almanza-Arenas v. Lynch

Almanza-Arenas v. Lynch, Dec. 28, 2015 Court Staff Summary: "The en banc court granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published precedential decision, Matter of Almanza-Arenas, 24 I. & N. Dec. 771 (BIA 2009) , which held that...

CA5 on CIMTs - Mercado v. Lynch; Hernandez v. Lynch (Matter of Hernandez vacated)

Mercado v. Lynch, May 4, 2016 - "Petitioner Jesus Cardoso Mercado was ordered removed from the United States pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) after the Board of Immigration Appeals (“BIA”) found that his convictions for indecent exposure and making terroristic threats under...