• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Social

  • Past Blog Posts

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 a foreign national’s state offense from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II) to a past conviction for a crime involving moral turpitude “for which a sentence of one year or longer may be imposed.”

Court Rules That Violation of Maryland Theft Statute Is Not CIMT

The Fourth Circuit held that Md. Crim. Law §7–104, which combines multiple theft offenses into a single statute, cannot categorically qualify as a CIMT under Diaz-Lizarraga and remanded for consideration for cancellation of removal.

Crime of Moral turpitude found

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, 747 F.3d 773 (9th Cir. 2014) (en banc), distinguished.

Rulings on Sex crimes

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 of section 3-307 is categorically a crime involving moral turpitude.

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. § 2319(b)(1) (2012) is a crime involving moral turpitude.

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 permanently or under circumstances where the owner’s property rights are substantially eroded, is categorically a crime involving moral turpitude. Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016)

Committed a crime?

Where the petitioner was charged with removal on the basis of his 2000 clock-stopping crime involving moral turpitude (CIMT), the Third Circuit found that Nelson v. Att’y Gen., notOkeke v. Gonzales, controlled. As such, the court held that the commission of the CIMT permanently prevented the clock from restarting, and that the petitioner could not accrue the requisite period of continuous residency when he re-entered the United States in 2003.

%d bloggers like this: