Idy v. Holder
2012 U.S. App. LEXIS 6098
| 1st Cir. | 2012Background
- Idy, a Moroccan citizen, entered as a nonimmigrant visitor in 2001 and remained in the U.S. without authorization after his visa expired.
- In 2006, he and Maria Velazquez, a U.S. citizen, had a February 13–14 domestic incident resulting in injuries to Maria and criminal charges against Idy for first-degree assault.
- Idy pled to three counts of reckless conduct in 2008, receiving an eleven-month jail sentence and two years of probation.
- Idy applied for adjustment of status and a § 1182(h) inadmissibility waiver; the IJ denied adjustment and the waiver, and the BIA affirmed.
- The IJ treated reckless conduct as inherently involving moral turpitude, and the BIA adopted that position; the petition for review challenges only the moral-turpitude ruling and the waiver denial, with the court lacking jurisdiction over the waiver issue.
- The First Circuit dismisses the petition in part for lack of jurisdiction and denies it on the merits regarding the moral-turpitude question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether New Hampshire reckless conduct inherently involves moral turpitude | Idy argues reckless conduct lacks MT moral basis | State statute includes reprehensible conduct and scienter; BIA's view is reasonable | Yes; NH reckless conduct inherently involves moral turpitude |
| Whether the NH reckless-conduct statute is a crime involving moral turpitude under Chevron deference | Idycontends statute lacks MT by its text | BIA properly applied Chevron deference to the statute's MT determination | Statute is MT; BIA's interpretation reasonable |
| Whether the denial of the § 1182(h) waiver is reviewable in this petition | Challenge to waiver denial as part of relief from removal | Statutory bar deprives review of waiver denial; only legal questions are reviewable | Lack of jurisdiction to review waiver denial; review limited to MT issue |
Key Cases Cited
- Nguyen v. Reno, 211 F.3d 692 (1st Cir. 2000) (relevance of moral turpitude in assault-related crimes)
- Knapik v. Ashcroft, 384 F.3d 84 (3d Cir. 2004) (BIA MT interpretation reasonable for NY reckess endangerment statute)
- Cabral v. INS, 15 F.3d 193 (1st Cir. 1994) (post-enactment interpretation of MT concept)
- Maghsoudi v. INS, 181 F.3d 8 (1st Cir. 1999) (defining MT and reliance on BIA interpretations)
- Mejia-Orellana v. Gonzales, 502 F.3d 13 (1st Cir. 2007) (Chevron deference and MT standards in immigration law)
- Zheng v. Gonzales, 475 F.3d 30 (1st Cir. 2007) (agency deference and MT interpretation)