United States Third Circuit

Haitian citizen's petition for withholding of removal is granted and the order of the BIA denying the application is reversed where: 1) the circuit court rejects the Attorney General's novel approach to adjudicating crimes involving moral turpitude (CIMT); and 2) following the established methodology for adjudicating CIMT as set forth in Partyka v. Att'y Gen., 417 F.3d 408 (3d Cir. 2005), petitioner's prior conviction for simple assault against a child under twelve years of age does not constitute CIMT for purposes of cancellation of removal.

Appellate Information

• Argued 02/05/2009
• Decided 10/06/2009
• Published 10/06/2009

Judges

• Before:  RENDELL and ROTH, Circuit Judges and HAYDEN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Craig R. Shagin, Esq., [Argued], The Shagin Law Group, Harrisburg, PA, for Petitioner.


• For Appellees:
  
• Kevin J. Conway, Esq., [Argued], Richard M. Evans, Esq., Brooke M. Maurer, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.