United States Fifth Circuit

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Rodriguez-Castro v. Gonzales, 04-60003

Plaintiff's petition for review is granted where the Board of Immigration Appeals improperly classified his conviction for attempted misdemeanor child abandonment, with intent to return the child, as a crime involving moral turpitude.

Appellate Information

  • Decided 10/03/2005
  • Published 10/04/2005

Judges

  • DENNIS, Circuit Judge:, Before DAVIS, STEWART and DENNIS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Barbara Hines (argued), University of Texas School of Law, Austin, TX, for Petitioner.

  • For Appellees:
  • David V. Bernal, Thomas Ward Hussey, Dir., Suzanne Nicole Nardone (argued), U.S. Dept. of Justice, OIL, Regina Byrd, U.S. Dept. of Justice, Civ. Div., Imm. Lit., Alberto R. Gonzales, U.S. Dept. of Justice, Barry Joseph Pettinato, U.S. Dept. of Homeland Sec., Washington, DC, Kenneth L. Pasquarell, Acting Dist. Dir., U.S. INS, San Antonio, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondents.