Wednesday, October 04, 2006

BIA Misprision Decision/Immigration Consequences

This one might have escaped attention because it is BIA instead of 5th Circuit.
BIA holds that misprision of a felony is per se a crime of moral turpitude (i.e., misprision is always a deportable offense, no matter what the underlying facts are).
Very bad if the defendant is trying to avoid a deportation by pleading to a misprision. Case is Matter of ROBLES, 24 I&N Dec. 22 (BIA 2006).

Here is the link: http://www.usdoj.gov/eoir/vll/intdec/vol24/3542.pdf

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