Dan Kowalski, Editor @ LexisNexis Immigration Community sends this item:
Obeya v. Sessions, Mar. 8, 2018 – “Clement Obeya, a lawful permanent resident of the United States, was convicted of petit larceny under New York law. The government sought to remove Obeya for his conviction, treating it as a “crime involving moral turpitude.” The Immigration Judge and Board of Immigration Appeals found that Obeya was removable based on his conviction, but this Court remanded due to the agency’s failure to apply BIA precedent holding that larceny involves moral turpitude only when it is committed with the intent to deprive the owner of property permanently. On remand, the BIA again found Obeya removable, holding that his offense involved moral turpitude by applying a new rule, announced in another case that same day, expanding the types of larceny that qualify as such crimes. Obeya challenges the BIA’s retroactive application of that rule to his case. We GRANT review and REVERSE the BIA’s order.”
[Hats off to Richard W. Mark!]
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Go on over to LexisNexis at the above link for the link to the 2d Circuit’s full decision.
As Gonzo & Co. move to speed up the Deportation Railway, the current quality control problems evident at the BIA, illustrated by decisions like this, will be multiplied.
PWS
08-09-18