Laryea v. Sessions, 5th Cir., 09-12-17 (unpublished — sadly)
PANEL:
DAVIS, GRAVES, and COSTA, Circuit Judges.
PER CURIAM
KEY QUOTE:
“Here, examining the record of conviction, Laryea was convicted of a Class A misdemeanor, which does not involve flight using a vehicle. We hold that fleeing from a police officer, without more, does not rise to the level of moral turpitude because it is not “inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.”21 Therefore, we find that the conduct involved in Laryea’s offense, “intentionally flee[ing] from a person he knows is a peace officer
attempting lawfully to arrest or detain him,” is not a CIMT.”
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The standard for crimes involving moral turpitude seems to me to be completely subjective and highly arbitrary. Hard to see how it passes constitutional muster, but it has, over many years. Interestingly, it appears that this Respondent was able to file his own petition for review. I wonder if he had “informal help.”
PWS
09-14-17