Hernandez v. Lynch, No. 15-60067 (5th Cir. 2016)

Petitioner, a citizen of Mexico, was determined ineligible for cancellation of removal after an IJ concluded that his conviction for deadly conduct under Texas Penal Code 22.05(a) was categorically a crime involving moral turpitude (CIMT). The BIA applied the “realistic probability” approach to hold that deadly conduct was categorically a CIMT and dismissed the appeal. The court held that, for the reasons explained in Mercado v. Lynch, the BIA applied the incorrect standard in analyzing whether petitioner’s conviction constitutes a CIMT. Accordingly, the court reversed and remanded for the BIA to analyze petitioner’s convictions under the minimum reading approach.