United States Second Circuit

The Board of Immigration Appeals' removal order is reversed where plaintiff's conviction for attempted reckless assault cannot constitute a crime involving moral turpitude since it lacks the requisite mental state.

Appellate Information

• Decided 08/18/2005
• Published 08/18/2005

Judges

• Before:  OAKES, JACOBS, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Charles L. Mester, New York, New York, for Petitioner Shobinder Gill.


• For Appellees:
  
• Dale A. Goldberg, Assistant United States Attorney for the Southern District of Ohio, Dayton, Ohio (Gregory G. Lockhart, United States Attorney, on the brief)for Respondent Immigration and Naturalization Services.