Idy v. Holder, No. 11-1078 (1st Cir. 2012)Annotate this Case
Petitioner, a citizen of Morocco, entered the U.S. in 2001 on a nonimmigrant visa. He overstayed and married a citizen in 2004. In 2006 the two had an argument that involved a physical altercation. Wife had to have brain surgery for her injuries and petitioner was convicted of reckless conduct. He served 11 months. Wife nonetheless filed an I-130 petition to establish that they were married. DHS approved the petition, but charged him as removable under 8 U.S.C. 1227(a)(1)(B). He sought a waiver and adjustment of status. Petitioner and his wife presented different versions of the fight that led to his arrest. The immigration judge ordered removal, finding that petitioner committed a crime involving moral turpitude. The Board of Immigration Appeals affirmed. The First Circuit denied appeal, finding that reckless conduct under New Hampshire law is inherently a crime involving moral turpitude.