United States Eighth Circuit

In a petition for review of the decision of the Board of Immigration Appeals (BIA) affirming the immigration judge’s (IJ) order of removal for having been convicted of a crime involving moral turpitude, the petition is denied where: 1) intent to deceive for the purpose of wrongfully obtaining a benefit was an essential element of 42 U.S.C. section 408(a)(7)(B); and 2) the mere fact that Congress chose to exempt a certain class of aliens from prosecution for certain acts did not necessarily mean that those acts do not involve moral turpitude in other contexts.

Appellate Information

• Decided 08/04/2010
• Published 08/04/2010

Judges

• John R. Gibson

Court

• United States Eighth Circuit

Counsel