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 [...]
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 [...]
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 [...]