Yesterday, the Board of Immigration Appeals (BIA) addressed whether the Texas offense of deadly conduct, which prohibits recklessly engaging in conduct that places another in
imminent danger of serious bodily injury, is a crime involving moral turpitude (CIMT).  The BIA determined that it is categorically a CIMT, even though it has a relatively low level of intent (recklessness) and it does not require any actual infliction of injury.  In doing so, the BIA referenced its prior decision in Matter of Leal, which determined that an Arizona conviction for “recklessly endangering another person with a substantial risk of imminent death,” was a CIMT.

 

To read the full decision in Matter of O.A. Hernandez, click here: http://www.justice.gov/eoir/vll/intdec/vol26/3823.pdf 

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