Nunez-Vasquez v. Barr, No. 19-1841 (4th Cir. 2020)
Annotate this CaseThe Fourth Circuit granted a petition for review of the BIA's decision finding that petitioner was removable because he had been convicted of two crimes involving moral turpitude. The court held that neither of petitioner's convictions for leaving an accident in violation of Va. Code Ann. 46.2–894 and for use of false identification in violation of Va. Code Ann. 18.2–186.3(B1) is categorically a crime involving moral turpitude. The court explained that petitioner's failure-to-stop conviction lacked the required culpable mental state and there is no morally reprehensible conduct. Regardless of the required culpable mental state, the court was not convinced that the offense of false identification has the required moral reprehensible conduct to qualify as a crime involving moral turpitude. Accordingly, the court vacated the BIA's order of removal and remanded with instructions that the government be directed to return petitioner to the United States.
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