Saturday, December 08, 2007

Subah (not precedential): Statute Of Corrupting Morals That Covers Negligent Conduct Is Not Crime Involving Moral Turpitude

Subah v. Mukasey, No. 05-5525 (3d Cir. Dec. 5, 2007) (not precedential): The Third Circuit did a simple analysis of crimes involving moral turpitude: use the categorical approach, see what conduct is covered by the criminal statute, focus on the mens rea required for the conviction, and if it is merely the negligent commission of an act to corrupt a minor's morals, it is not a crime involving moral turpitude. The Third Circuit explained the categorical approach in Partyka v. Gonzales, 417 F.3d 408, 411 (3d Cir. 2005).

It is very disappointing to see both the IJ and BIA made mistakes on this straightforward analysis by wrongly ruling it was a crime involving moral turpitude. Good thing Congress had not shut out federal court review of the IJ and BIA's clear mistakes. Hard to believe Congress is actually considering closing out federal court review of BIA decisions.

It is also disappointing to see ICE and the government incorrectly arguing the crime was a crime involving moral turpitude.


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