Uribe v. Sessions, No. 16-1427 (4th Cir. 2017)Annotate this Case
The Fourth Circuit denied a petition for review of a final order of removal, concluding that Maryland third degree burglary qualifies as a crime involving moral turpitude under 8 U.S.C. 1227(a)(2)(A)(ii). The Fourth Circuit explained that Maryland's third degree burglary statute, breaking and entering a dwelling of another, with the intent to commit a crime, implicates moral values beyond the duty to obey the law and inherently is base, vile, or depraved. The act of breaking and entering a dwelling, with the intent to commit any crime, necessarily involves conduct that violates an individual's reasonable expectation that her personal living and sleeping space will remain private and secure. The Fourth Circuit reasoned that an individual's expectation that her dwelling will remain private, secure, and free from intruders intending to commit a crime is violated regardless whether the dwelling is occupied at the time of the burglary.