Richards v. Sessions, 15-1875

Petitioner Ricardo Andre Richards, a Jamaican citizen, was ordered removed based on convictions under New York law and appealed the BIA's decision affirming the IJ.
The BIA and IJ treated Richards’ convictions for third‑degree assault (N.Y. Penal Law § 120.00(1)) and second‑degree menacing (N.Y. Penal Law § 120.14(1)) as crimes involving moral turpitude (CIMTs) under 8 U.S.C. § 1227(a)(2)(A)(ii).
Richards argued the New York offenses are categorically not CIMTs because they can be committed with only minor injury or general intent, or via display of an object that is not a real weapon.
The BIA concluded both statutes require a culpable mental state and conduct meeting the CIMT definition; the IJ’s removal order was affirmed by the BIA.
The Second Circuit reviewed de novo the state‑law elements, deferred to the BIA’s reasonable interpretations of “moral turpitude,” and denied the petition for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether N.Y. Penal Law § 120.00(1) (3rd‑degree assault) is a CIMT	Richards: conviction can rest on minor injury/slight force, so not morally turpitudinous	Gov/BIA: statute requires specific intent to cause "physical injury" beyond de minimis harm; therefore culpable and reprehensible enough to be a CIMT	Held: § 120.00(1) is a CIMT (deference to BIA on moral turpitude; court adopts BIA’s view)
Whether N.Y. Penal Law § 120.14(1) (2nd‑degree menacing) is a CIMT	Richards: statute is general‑intent; use of a fake/illusory object cannot be an aggravating factor making it a CIMT	Gov/BIA: statute requires specific intent to place another in reasonable fear; display of an object reasonably perceived as a firearm suffices	Held: § 120.14(1) is a CIMT (BIA reasonably interprets mens rea and effect of a fake weapon)
Whether reliance on Matter of Silva‑Trevino undermines the BIA’s CIMT analysis	Richards: Silva‑Trevino reliance problematic after vacatur	Gov/BIA: used only Silva‑Trevino’s definition of CIMT (reprehensible conduct + scienter), and that definition survives vacatur	Held: No error in relying on Silva‑Trevino’s definitional formulation; petition rejected

Gill v. INS, 420 F.3d 82 (2d Cir. 2005) (deference rules: de novo review of state law elements; defer to BIA on reasonable interpretations of "moral turpitude")
People v. Henderson, 92 N.Y.2d 677 (N.Y. 1999) (definition of "physical injury" and intent elements under NY law)
People v. Philip A., 49 N.Y.2d 198 (N.Y. 1980) (distinguishing assault beyond technical battery)
People v. Bartkow, 96 N.Y.2d 770 (N.Y. 2001) (interpreting mens rea for menacing: specific intent to cause fear)
People v. Lopez, 73 N.Y.2d 214 (N.Y. 1989) (display of object reasonably perceived as real firearm qualifies as aggravating circumstance)
Yueqing Zhang v. Gonzales, 426 F.3d 540 (2d Cir. 2005) (procedural forfeiture/abandonment principles)
Gross v. Rell, 585 F.3d 72 (2d Cir. 2009) (treatment of abandoned claims on appeal)