The Fifth Circuit has determined that a Texas conviction for deadly conduct qualifies as a crime involving moral turpitude, even though it includes reckless conduct. “Deadly conduct . . . demands an imminent threat of serious physical injury. Because its potential harm is grave, no countervailing, heightened mens rea is necessary for deadly conduct to constitute a CIMT; recklessness suffices.” The court also reaffirmed that the petitioner, who had initially entered the United States without inspection, was admitted to the United States at the time he adjusted status to lawful permanent residence.

The full text of Diaz Esparza v. Garland can be found here:

https://www.ca5.uscourts.gov/opinions/pub/19/19-60699-CV0.pdf

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