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precedentpleamisdemeanor
precedentpleamisdemeanor

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Efagene v. Holder

Facts

Efagene, a citizen of Nigeria, was admitted to the United States as a lawful permanent resident in 1991. In 2005, he pleaded guilty to a Colorado state misdemeanor offense of sexual conduct-no consent, for which he was sentenced to 364 days' imprisonment and ordered to register as a sex offender for ten years. In 2007, after failing to meet a registration deadline, he pleaded guilty to a misdemeanor failure-to-register offense and was sentenced to thirty days' imprisonment and a $100 fine. The U.S. Department of Homeland Security charged him as removable under the INA for having been convicted of two crimes involving moral turpitude.

Efagene, a citizen of Nigeria, was admitted to the United States as a lawful permanent resident in 1991. In 2005, he pleaded guilty to a Colorado state misdemeanor offense of sexual conduct-no consent, for which he was sentenced to 364 days' imprisonment and ordered to register as a sex offender for ten years. In 2007, after failing to meet a registration deadline, he pleaded guilty to a misdemeanor failure-to-register offense and was sentenced to thirty days' imprisonment and a $100 fine. The U.S. Department of Homeland Security charged him as removable under the INA for having been convicted of two crimes involving moral turpitude.

Issue

Did the BIA err in concluding that Efagene's Colorado misdemeanor offense of failure to register as a sex offender constituted a crime involving moral turpitude under the Immigration and Nationality Act?

Did the BIA err in concluding that Efagene's Colorado misdemeanor offense of failure to register as a sex offender constituted a crime involving moral turpitude under the Immigration and Nationality Act?

Rule

Moral turpitude refers to conduct which is inherently base, vile, or depraved, contrary to the accepted rules of morality and duties owed between man and man. For an offense to involve moral turpitude, it must require a reprehensible or despicable act.

Moral turpitude refers to conduct which is inherently base, vile, or depraved, contrary to the accepted rules of morality and duties owed between man and man. For an offense to involve moral turpitude, it must require a reprehensible or despicable act.

Analysis

The court determined that the BIA's interpretation of moral turpitude to include the Colorado misdemeanor offense of failure to register was not reasonable. The court noted that failing to register does not involve an identifiable victim or actual harm, and is more akin to regulatory offenses that typically do not involve moral turpitude. The BIA's reliance on prior precedent was found to be inconsistent with its own established interpretations.

The court determined that the BIA's interpretation of moral turpitude to include the Colorado misdemeanor offense of failure to register was not reasonable. The court noted that failing to register does not involve an identifiable victim or actual harm, and is more akin to regulatory offenses that typically do not involve moral turpitude. The BIA's reliance on prior precedent was found to be inconsistent with its own established interpretations.

Conclusion

The court granted the petition for review, reversed the BIA's decision, and vacated the order of removal.

The court granted the petition for review, reversed the BIA's decision, and vacated the order of removal.

Who won?

Efagene prevailed in the case because the court found that the BIA's conclusion regarding moral turpitude was not supported by the law or precedent.

Efagene prevailed in the case because the court found that the BIA's conclusion regarding moral turpitude was not supported by the law or precedent.

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