Lovano v. Lynch, No. 16-3245 (6th Cir. 2017)Annotate this Case
Lovano, a citizen of Canada, was admitted to the U.S. as a lawful permanent resident in 1973. In 1993 Lovano was convicted in Ohio for attempting to pass bad checks and theft. Although deportation proceedings were instituted, Lovano was granted a waiver under (now repealed) 8 U.S.C. 1182(c). Lovano was subsequently convicted in 2012 in Cleveland of aggravated assault. Removal proceedings were again instituted under 8 U.S.C. 1227(a)(2)(A)(ii), which authorizes the deportation of “[a]ny alien . . . convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct.” The Board of Immigration Appeals (BIA) affirmed a removal order. The Sixth Circuit denied a petition for review, rejecting an argument that the 2012 conviction for aggravated assault in Ohio was not a crime involving moral turpitude.