crimmigration.com

The intersection of criminal law and immigration law

Archive

After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

  • Home
  • About César
  • Articles
  • Books
  • Talks & Media

BIA: WA eluding police conviction involves moral turpitude; clarifies Silva-Treviño analysis

The BIA recently held that a Washington conviction for attempting to elude a pursuing police vehicle involves moral turpitude. Matter of Ruiz-Lopez, 25 I&N Dec. 551 (BIA 2011) (Filppu, Pauley, and Wendtland, Board Members). Board Member Wendtland wrote the panel’s decision. This case involved an individual who entered the United States without inspection and was convicted of attempting to elude a pursuing police vehicle in violation of Wash. Rev. Code § 46.61.024. An IJ found that this conviction rendered him ineligible for Cancellation of Removal. See INA § 240A(b)(1)(C) (precluding [...]

Posted by César on July 21, 2011 on 9:00 am 1 Comment
Filed Under: Board of Immigration Appeals, crime involving moral turpitude, Silva-Trevino

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: Limits when IJ may consider evidence outside record of conviction

In a published decision released last week, the BIA held that an Immigration Judge may not go behind the record of conviction to determine whether a crime involves moral turpitude. Matter of Ahortalejo-Guzman, 25 I&N Dec. 465 (BIA 2011) (Cole, Pauley, and Greer). Board member Pauley wrote for the panel. This case involves an individual who entered without inspection and was later convicted by guilty plea of assault in Texas. Matter of Ahortalejo-Guzman, 25 I&N Dec. at 465. The IJ found that Ahortalejo-Guzman was not eligible for Cancellation of Removal for Non-LPRs because his [...]

Posted by César on April 26, 2011 on 8:27 am 3 Comments
Filed Under: Silva-Trevino

  • « Previous Page
  • 1
  • 2

Subscribe


Recent Posts

  • Pelosi attacker reportedly Canadian overstayer
  • Biden marijuana pardon meets immigration law & fizzles
  • California private prison ban is illegal, 9th Circuit says
  • Citizenship is complicated
  • Supreme Court says Biden can end MPP
  • Uvalde massacre & immigration law aid

Search

Social Media

Blawg 100 Honoree

The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.