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Grazley, Matter of

Facts

Clement Obeya, a lawful permanent resident from Nigeria, was convicted of petit larceny under New York law in 2008. Following his conviction, the Department of Homeland Security initiated removal proceedings against him, claiming that his conviction constituted a crime involving moral turpitude. The Immigration Judge found him removable, but the Second Circuit previously held that the BIA had failed to apply its own precedent regarding the intent required for larceny to be considered a crime involving moral turpitude.

Clement Obeya, a lawful permanent resident from Nigeria, was convicted of petit larceny under New York law in 2008. Following his conviction, the Department of Homeland Security initiated removal proceedings against him, claiming that his conviction constituted a crime involving moral turpitude.

Issue

Did the BIA err in retroactively applying a new rule regarding theft crimes involving moral turpitude to Obeya's case?

Did the BIA err in retroactively applying a new rule regarding theft crimes involving moral turpitude to Obeya's case?

Rule

The BIA's new rule states that theft crimes involve moral turpitude where there is an intent to deprive the owner of property either permanently or under circumstances where the owner's property rights are substantially eroded.

the BIA now deemed theft crimes to involve moral turpitude where there is 'an intent to deprive the owner of his [or her] property either permanently or under circumstances where the owner's property rights are substantially eroded.'

Analysis

The court determined that the BIA's retroactive application of the new rule was improper, as it represented a significant departure from the established precedent that required an intent to permanently deprive the owner of property for a theft to be considered a crime involving moral turpitude. The court weighed factors such as the reliance on the former rule and the burden of retroactive application on Obeya.

The court determined that the BIA's retroactive application of the new rule was improper, as it represented a significant departure from the established precedent that required an intent to permanently deprive the owner of property for a theft to be considered a crime involving moral turpitude.

Conclusion

The court granted Obeya's petition for review and reversed the BIA's order, concluding that the new rule could not be applied retroactively to his case.

The court granted Obeya's petition for review and reversed the BIA's order, concluding that the new rule could not be applied retroactively to his case.

Who won?

Clement Obeya prevailed in the case because the court found that the BIA's new rule could not be applied retroactively, thus protecting his status as a lawful permanent resident.

Clement Obeya prevailed in the case because the court found that the BIA's new rule could not be applied retroactively, thus protecting his status as a lawful permanent resident.

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