4.25.2006

Seventh Circuit Notes Split Re Deference Due to BIA Decisions to Classify Crimes as "Involving Moral Turpitude"

Per Hashish v. Gonzales, 442 F.3d 572 (7th Cir. Mar. 24, 2006):

There is a split among the circuits regarding the level of deference owed to the Board of Immigration Appeals’ decision to classify a particular crime as one “involving moral turpitude.” In Mei v. Ashcroft, 393 F.3d 737, 739 (7th Cir.2004), we found it unnecessary to decide the question because regardless of the level of deference-very great or none at all-the Board's determination that the crime at issue involved moral turpitude had to be upheld. We are in a similar situation here: Absent any deference to the Board of Immigration Appeals’ classification of Mr. Abu Hashish's crimes, we still would reach the conclusion that his crimes of theft are crimes of moral turpitude.

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