Thursday, September 22, 2016

Cockfighting Is Not Considered a Per Se Crime of Moral Turpitude

A misdemeanor conviction for cockfighting does not necessarily rise to the level of a crime of moral turpitude that would block an immigrant from contesting his removal from the United States

Ortega-Lopez v. Lynch, 2016 BL 273130, 9th Cir., No. 13-71127, 8/23/16.

   The Ninth Circuit overturned the Board of Immigration Appeals in its determination that cockfighting categorically falls into crimes of moral turpitude, based on actions that involve “base and depraved” conduct. Although cockfighting is outlawed everywhere in the U.S., crimes of moral turpitude must involve harm towards someone or conduct that impacts a protected class of victims. It was noted that cockfighting is legal in Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands.

http://www.bloomberglaw.com/public/document/OrtegaLopez_v_Lynch_No_1371127_2016_BL_273130_9th_Cir_Aug_23_2016.

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