Mendez v. Barr, No. 18-801 (2d Cir. 2020)Annotate this Case
The Second Circuit granted a petition for review of the BIA's decision affirming the IJ's finding that petitioner was removable for having been previously convicted of misprision of a felony in violation of 18 U.S.C. 4.
The court aligned itself with the Ninth Circuit and held that misprision is not categorically a crime involving moral turpitude (CIMT). The court held that the government failed to show that misprision rises to the level of base, vile, conscience-shocking conduct traditionally attributed to the gravest and most inherently evil offenses. Furthermore, nothing in the misprision statute suggests that the crime has, as an element, the fraudulent intent necessary for misprision to constitute a CIMT. Accordingly, the court vacated the BIA's decision.