BIA Dismisses Respondent’s Appeal and Discusses §18.5 of the California Penal Code
The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for…
Home » Immigration Updates »
cmt
Court Says Conviction for Evading Arrest in Texas Is Not Categorically a Crime Involving Moral Turpitude
The Fifth Circuit vacated the BIA’s decision and remanded, holding that the petitioner’s conviction for evading arrest under Texas Penal Code §38.04 was not categorically a…
A crime involving moral turpitude
Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Ceron v. Holder,…
Sexual violation case ruled upon
A sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is particularly young—that is,…
Sexual solicitation of a minor under section 3-324(b) of the Maryland Criminal Law
Sexual solicitation of a minor under section 3-324(b) of the Maryland Criminal Law with the intent to engage in an unlawful sexual offense in violation…
New case out on Perjury
(1) The generic definition of “perjury” in section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), requires that an offender make…
BIA Says Endangering the Welfare of a Child in New York Is Categorically a Crime of Child Abuse
In a precedent decision issued today, the BIA held that the crime of endangering the welfare of a child in violation of §260.10(1) of the New York…
Mens Rea needed for aggravated felony
The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76‑10‑508.1 of the Utah Code was not shown to…
Is copyright infringement a crime involving moral turpitude
Matter of ZARAGOZA-VAQUERO, 26 I&N Dec. 814 (BIA 2016)The offense of criminal copyright infringement in violation of 17 U.S.C. § 506(a)(1)(A) (2012) and 18 U.S.C.…
Fraud Waiver does NOT Waive CMT
Matter of TIMA, 26 I&N Dec. 839 (BIA 2016) A fraud waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H)…
Theft offense
Matter of DIAZ-LIZARRAGA, 26 I&N Dec. 847 (BIA 2016) (1) A theft offense is a crime involving moral turpitude if it involves a taking or…
Crime involving Moral Turpitude
Petit larceny in violation of section 155.25 of the New York Penal Law, which requires an intent to deprive the owner of his property either…