Ortiz v. Barr, No. 19-1285 (8th Cir. 2020)
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The Eighth Circuit granted a petition for review of the BIA's decision affirming the IJ's finding that petitioner is removable under section 237(a)(2)(A)(i) of the Immigration and Nationality Act (INA) for having been convicted of a crime involving moral turpitude.
The court held that petitioner's conviction for obstruction of legal process in violation of Minn. Stat. Ann. 609.50, subdiv. 2(2) does not categorically constitute a crime involving moral turpitude. The court stated that there is a realistic probability that Minnesota would apply its obstruction of legal process statute to cases that lacked the requisite degree of scienter necessary to constitute a crime involving moral turpitude. Furthermore, the level of harm required to complete the offense is also insufficient to constitute a crime involving moral turpitude. Therefore, the BIA erred in finding otherwise and the court vacated the order of removal.
Court Description: [Shepherd, Author, with Smith, Chief Judge, and Melloy, Circuit Judge] Petition for Review - Immigration. For the court's prior opinion in the matter holding that Ortiz's Minnesota conviction for obstruction of legal process was not categorically a crime of violence and remanding the matter to permit the BIA to decide whether his prior conviction nonetheless subjected him to removal under 8 U.S.C. Sec. 1227(a)(2)(A)(i) as a crime of moral turpitude, see Ortiz v. Lynch, 796 F.3d 932 (8th Cir. 2015). Upon an examination of the provisions of Minn. Stat. Ann. Sec. 609.50, subdiv. 1(1)-(2), there is a realistic probability that Minnesota would apply its obstruction of legal process statute to cases that lacked the requisite degree of scienter necessary to constitute a crime of moral turpitude; additionally, the level of harm required to complete the offense is also insufficient to constitute a crime of moral turpitude; as a result, the BIA erred in finding that a conviction under Minn. Stat. Ann. Sec. 609.50, subdiv. 2(2) is categorically a crime involving moral turpitude; petition for review granted and order of removal vacated.
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