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9 Cir: Rejects Silva-Treviño; deepens circuit split

The U.S. Court of Appeals for the Ninth Circuit expressly rejected Matter of Silva-Treviño, 24 I&N Dec. 687 (A.G. 2008), in which Attorney General Mukasey revamped the method by which immigration courts determine whether a particular conviction involves moral turpitude. Olivas-Motta v. Holder, No. 10-72459, slip op. (9th Cir. May 17, 2013) (Fletcher, Hug, and Kleinfeld, JJ.). Judge Fletcher wrote the panel’s opinion; Judge Kleinfeld concurred. This case involved an LPR who arrived in the United States at the age of 10 days. Eventually he was convicted of marijuana possession in 2003 and [...]

Posted by César on July 11, 2013 on 9:00 am 21 Comments
Filed Under: 9th Circuit Court of Appeals, crime involving moral turpitude, multiple CIMTs, Silva-Trevino

BIA: Interprets “single scheme of criminal misconduct” language in multiple CIMT ground of removal

The BIA refined its interpretation of the “single scheme of criminal misconduct” exception to the multiple crimes involving moral turpitude ground of removal. Matter of Islam, 25 I&N Dec. 637 (BIA 2011) (Pauley, Malphrus, and Mullane, Board Members). Board Member Pauley wrote the panel’s opinion. This case involved an LPR who was convicted of criminal possession of stolen property (involving a credit or debit card), N.Y. Penal § 165.45(2), and, four months later, forgery in the third degree, N.Y. Penal § 170.05. DHS charged him as removal pursuant to INA § 237(a)(2)(A)(ii) for having [...]

Posted by César on January 26, 2012 on 9:00 am 19 Comments
Filed Under: Board of Immigration Appeals, crime involving moral turpitude, multiple CIMTs, single scheme

3 Cir: MN sex offender registration not CIMT; adjustment doesn’t reset admission date

The U.S. Court of Appeals for the Third Circuit recently held that Minnesota’s predatory offender registration crime does not involve moral turpitude. Totimeh v. Attorney General, Nos. 10-3939 & 11-1998, slip op. (3d Cir. Jan. 12, 2012) (McKee, Rendell, and Ambro, JJ.). The court also followed the BIA’s 2011 decision in which the Board held that the applicable date of admission for removability is the date on which the noncitizen was in the country when the crime was committed as opposed to a later adjustment of status date. Judge Ambro wrote the panel’s decision. This case involves an [...]

Posted by César on January 19, 2012 on 9:00 am 62 Comments
Filed Under: 10th Circuit Court of Appeals, 3d Circuit Court of Appeals, adjustment of status, admission, crime involving moral turpitude, failure to register, multiple CIMTs

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