Dolic v. Barr, No. 18-1230 (8th Cir. 2019)
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The Eighth Circuit denied Petitioner’s petition for review of a decision of the Board of Immigration Appeals (BIA) affirming the immigration judge’s (IJ) denial of Petitioner’s motion to terminate removal proceedings, holding that substantial evidence supported the finding of the lower courts that Petitioner’s convictions qualified as crimes involving moral turpitude.
Based on Petitioner’s Missouri convictions for receiving stolen property and passing bad checks, the Department of Homeland Security (DHS) charged Petitioner with removability. Petitioner filed a motion to terminate removal proceedings, alleging that DHS did not demonstrate that her convictions qualified as crimes involving moral turpitude. The IJ denied the petition, and the BIA affirmed. The Eighth Circuit affirmed, holding that, applying the modified categorical approach, Petitioner’s four Missouri convictions for passing a bad check qualified as crimes involving moral turpitude.
Court Description: Gruender, Author, with Wollman and Shepherd, Circuit Judges] Petition for Review - immigration. Petitioner challenges removability based on whether his convictions under Missouri statute Mo. Rev. Stat. section 570.120 for passing bad checks were crimes involving moral turpitude. Applying the modified categorical approach because the statute is overbroad but nonetheless divisible; the record shows the charging documents contained language tracking section 570.120.1(1) which included the element "with the purpose to defraud" and thus petitioner's conviction for passing a bad check qualifies as a crimes involving moral turpitude. [ February 15, 2019
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