Thursday, February 9th, 2017

CA9 on CIMT, misprision of a felony: Robles-Urrea v. Holder


"That an offense contravenes “societal duties” is not enough to make it a crime involving moral turpitude; otherwise, every crime would involve moral turpitude. Id. at 1070 (majority opinion). Because the BIA relied on this flawed rationale in concluding that misprision of a felony is a crime involving moral turpitude, we cannot defer to its interpretation of the Immigration and Nationality Act (“INA”). Instead, we hold that misprision of a felony is not categorically a crime involving moral turpitude. We remand, however, to allow the BIA to conduct a modified categorical analysis of Robles-Urrea’s conviction, see INS v. Ventura, 537 U.S. 12 (2002), and to consider whether Robles-Urrea is alternatively removable under 8 U.S.C. § 1182(a)(2)(C)(i), as an alien who “has been an illicit trafficker in any controlled substance.” On remand, the agency may also consider Robles-Urrea’s eligibility for relief from removal." -