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5 Cir: For 212(h) eligibility, LPR must apply for adjustment

The U.S. Court of Appeals for the Fifth Circuit recently held that a lawful permanent resident (LPR) inside the United States might be eligible for a waiver of inadmissibility only by applying for adjustment of status. Cabral v. Holder, 632 F.3d 886, No. 09-60386, slip op. (5th Cir. Feb. 2, 2011) (Jones, Dennis, and Clement, J.). Judge Clement wrote the panel’s decision. This case involves an LPR who was convicted of two crimes involving moral turpitude (CIMTs) and found ineligible for a waiver of inadmissibility under INA § 212(h). Under § 212(h), an immigration judge (IJ) acting on behalf [...]

Posted by César on June 23, 2011 on 9:00 am 14 Comments
Filed Under: 212(h), 5th Circuit Court of Appeals, crime involving moral turpitude, waiver

9 Cir: Does failure to register involve moral turpitude?

The U.S. Court of Appeals for the Ninth Circuit recently threw a wrench into the BIA’s 2007 ruling that failure to register as a sex offender constitutes a crime involving moral turpitude. In Pannu v. Holder, No. 07-71988, slip op. 6235 (9th Cir. May 11, 2011) (Reinhardt, Hawkins, and Gould), the Ninth Circuit suggested that failure to register as a sex offender under California law might not be a crime involving moral turpitude because it is a strict liability offense. Judge Hawkins wrote the panel’s decision. Some background is appropriate. In a 2007 decision, Matter of Tobar-Lobo, 24 [...]

Posted by César on June 2, 2011 on 9:13 am 12 Comments
Filed Under: 9th Circuit Court of Appeals, crime involving moral turpitude, Silva-Trevino

BIA: Cal statutory rape isn’t categorically CIMT

In a surprising published decision, the BIA held that sexual intercourse with a minor (statutory rape), Cal. Penal Code § 261.5(d), does not categorically constitute a crime involving moral turpitude. Matter of Guevara Alfaro, 25 I&N Dec. 417 (BIA 2011) (Pauley, Greer, and Wendtland, Board Members). Board member Wendtland wrote the BIA’s opinion. This should have been a straightforward decision given that, as the BIA acknowledges, the Ninth Circuit, from which this case arose, held just two years ago that § 261.5(d) is not categorically a CIMT. See Quintero-Salazar v. Keisler, 506 F.3d [...]

Posted by César on March 21, 2011 on 9:41 am 1 Comment
Filed Under: 9th Circuit Court of Appeals, Board of Immigration Appeals, crime involving moral turpitude

7th Circuit: BIA must use Silva-Treviño analysis; can’t rely on categorical approach alone

The Seventh Circuit Court of Appeals recently held that it was improper for the BIA to rely on a precedential decision in which it used a categorical analysis to determine whether a crime involving moral turpitude. Mata-Guerrero v. Holder, No. 10-1664, slip op. (7th Cir. Nov. 24, 2010) (Manion, Tinder, and Hamilton). Instead, the Seventh Circuit panel held, the BIA must use the three-step analysis mandated by Matter of Silva-Treviño, 24 I&N Dec. 687 (A.G. 2008), to determine whether a criminal offense involves moral turpitude. Mata-Guerrero v. Holder, No. 10-1664, slip op. at 8-9. Judge [...]

Posted by César on December 9, 2010 on 10:32 am 26 Comments
Filed Under: § 212(c), 7th Circuit Court of Appeals, crime involving moral turpitude

9th Circuit: Cal. credit card fraud involves moral turpitude

In a decision released last week, the Ninth Circuit Court of Appeals held that a conviction for credit card fraud, Cal. Penal Code § 532a(1), is a crime involving moral turpitude. Tijani v. Holder, No. 05-70195, slip op. (9th Cir. March 11, 2010) (Noonan, Tashima, Callahan). Judge Noonan wrote the opinion for the panel. Judges Tashima and Callahan each wrote separate opinions concurring in part and dissenting in part. Judges Noonan and Callahan concluded that credit card fraud is a CIMT; Judge Tashima dissented on this issue. As stated by Noonan, the California credit card fraud statute [...]

Posted by César on March 18, 2010 on 1:15 pm 225 Comments
Filed Under: 9th Circuit Court of Appeals, crime involving moral turpitude

9th Cir: Cal. Indecent exposure not CIMT; criticizes CIMT category altogether

  In a widely circulated published decision, the Ninth Circuit Court of Appeals held that indecent exposure in California, Cal. Penal Code § 314, is not categorically a crime involving moral turpitude. Ocegueda-Nuñez v. Holder, No. 06-70219, slip op. (Feb. 10, 2010) (Reinhardt, Bybee, and Smith). Judge Reinhardt wrote for the majority of the panel, joined by Judge Smith. Judge Bybee dissented. Ocegueda Nuñez entered without inspection. Ocegueda-Nuñez, No. 06-70219, slip op. at 2377. He was later convicted of petty theft and, several years after that, indecent exposure. [...]

Posted by César on February 25, 2010 on 10:00 am 25 Comments
Filed Under: 9th Circuit Court of Appeals, crime involving moral turpitude

3d Circuit: Rejects CIMT analysis announced in Matter of Silva-Treviño and holds that PA simple assault conviction is not CIMT

In an otherwise ordinary case the U.S. Court of Appeals for the Third Circuit this week announced its rejection of the Attorney General's analysis of crimes involving moral turpitude announced in Matter of Silva-Treviño, 24 I&N Dec. 687 (A.G. 2008). Jean-Louis v. Attorney General, No. 07-3311, slip op. (3d Cir. Oct. 6, 2009) (Rendell, Roth, and Hayden). Judge Rendell issued the panel's unanimous decision. This case concerned a conviction under Pennsylvania's simple assault statute, 18 Pa. Cons. Stat. § 2701(b)(2), for purposes of Cancellation of Removal. Jean-Louis, No. 07-3311, slip [...]

Posted by César on October 7, 2009 on 9:00 am 3 Comments
Filed Under: 3d Circuit Court of Appeals, crime involving moral turpitude

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