United States Seventh Circuit

Mexican citizen's petition for review of the BIA's affirmance of an IJ's denial of petitioner's application for a 212(c) waiver, on the ground that petitioner's failure to register as a sex offender was a crime of moral turpitude, is granted and remanded for the BIA to determine whether petitioner's conviction under Wisconsin Statute section 301.45(2)(a) was a crime of moral turpitude using the individualized inquiry required by the Attorney General in Silva-Trevino. If it is determined that petitioner's conviction was not a crime of moral turpitude, petitioner is entitled to have the government exercise its discretion based on his individual circumstances in deciding whether to grant him a section 212(c) waiver.

Appellate Information

• Argued 09/22/2010
• Decided 11/24/2010
• Published 11/24/2010

Judges

• HAMILTON

Court

• United States Seventh Circuit

Counsel