United States Ninth Circuit

Petition for review of the Board of Immigration Appeals' (BIA) decision, concluding that petitioner's conviction for endangerment under Arizona law constituted a crime involving moral turpitude based on information in police reports, is granted, where: 1) a crime involving moral turpitude (CIMT) is a generic crime whose description is complete unto itself, such that "involving moral turpitude" is an element of the crime and an Immigration Judge (IJ) and the BIA are limited to the record of conviction to determine whether an alien was convicted of a CIMT; 2) the Attorney General wrongly decided, in Matter of Silva-Trevino, which held otherwise; and 3) the IJ and the BIA improperly considered evidence beyond the record of conviction in holding that petitioner was convicted of a crime involving moral turpitude.

Appellate Information

• Decided 05/17/2013
• Published 05/17/2013

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel