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Godinez-Arroyo v. Mukasey

Facts

The U.S. Government initiated removal proceedings after the alien was convicted of assault in the second degree, in violation of Mo. Rev. Stat. 565.060. An IJ ordered the alien's removal from the United States, and the BIA upheld that decision. The BIA determined that 565.060 contained some offenses that constituted crimes of moral turpitude, it looked to the record of the alien's conviction to determine which offense applied, and it found that the alien committed a crime involving moral turpitude because he was convicted of having recklessly caused serious physical injury by hitting another person.

The U.S. Government initiated removal proceedings after the alien was convicted of assault in the second degree, in violation of Mo. Rev. Stat. 565.060. An IJ ordered the alien's removal from the United States, and the BIA upheld that decision. The BIA determined that 565.060 contained some offenses that constituted crimes of moral turpitude, it looked to the record of the alien's conviction to determine which offense applied, and it found that the alien committed a crime involving moral turpitude because he was convicted of having recklessly caused serious physical injury by hitting another person.

Issue

Whether the BIA erred in determining that Godinez-Arroyo's second-degree assault conviction constituted a crime involving moral turpitude.

Whether the BIA erred in determining that Godinez-Arroyo's second-degree assault conviction constituted a crime involving moral turpitude.

Rule

A crime involving moral turpitude is defined as involving 'an act of baseness, vileness, or depravity in the private and social duties' that people owe each other or 'society in general, and is contrary to the accepted rule of right and duty.'

A crime involving moral turpitude is defined as involving 'an act of baseness, vileness, or depravity in the private and social duties' that people owe each other or 'society in general, and is contrary to the accepted rule of right and duty.'

Analysis

The court applied the rule by examining the BIA's determination that Godinez-Arroyo's conviction for recklessly causing serious physical injury constituted a crime involving moral turpitude. The court noted that even though a reckless mental state typically does not give rise to a finding of moral turpitude, the presence of an aggravating factor, such as causing serious physical injury, could elevate the offense to one involving moral turpitude. The court found the BIA's reasoning consistent with Eighth Circuit precedent.

The court applied the rule by examining the BIA's determination that Godinez-Arroyo's conviction for recklessly causing serious physical injury constituted a crime involving moral turpitude. The court noted that even though a reckless mental state typically does not give rise to a finding of moral turpitude, the presence of an aggravating factor, such as causing serious physical injury, could elevate the offense to one involving moral turpitude. The court found the BIA's reasoning consistent with Eighth Circuit precedent.

Conclusion

The court of appeals denied the alien's petition for review, affirming the BIA's decision.

The court of appeals denied the alien's petition for review, affirming the BIA's decision.

Who won?

The U.S. Government prevailed in the case because the court upheld the BIA's determination that the alien's conviction constituted a crime involving moral turpitude.

The U.S. Government prevailed in the case because the court upheld the BIA's determination that the alien's conviction constituted a crime involving moral turpitude.

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