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jurisdictionstatutewillfelony
jurisdictionstatutewillfelony

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Keungne v. AG

Facts

In November 2003, Keungne was admitted to the United States as a non-immigrant visitor. In April 2004, he was arrested in Georgia and charged with aggravated assault, false imprisonment, and possession of a knife in the commission of a felony. In August 2006, he pled nolo contendere to two counts of criminal reckless conduct under Ga. Code Ann. 16-5-60(b), a lesser included offense of the aggravated assault charge. Keungne was convicted and sentenced to 12 months' imprisonment on each count, to be served concurrently.

In November 2003, Keungne was admitted to the United States as a non-immigrant visitor. In April 2004, he was arrested in Georgia and charged with aggravated assault, false imprisonment, and possession of a knife in the commission of a felony. In August 2006, he pled nolo contendere to two counts of criminal reckless conduct under Ga. Code Ann. 16-5-60(b), a lesser included offense of the aggravated assault charge. Keungne was convicted and sentenced to 12 months' imprisonment on each count, to be served concurrently.

Issue

Whether Keungne's conviction for criminal reckless conduct under Georgia law constitutes a crime involving moral turpitude.

Whether Keungne's conviction for criminal reckless conduct under Georgia law constitutes a crime involving moral turpitude.

Rule

The term 'moral turpitude' involves 'an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.'

The term 'moral turpitude' involves 'an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.'

Analysis

The court applied a categorical analysis of the statutory definition and nature of the crime of reckless conduct under Georgia law, concluding that it requires a sufficiently culpable mental state and is inherently a crime involving moral turpitude. The Georgia reckless conduct statute penalizes an individual for 'consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person.'

The court applied a categorical analysis of the statutory definition and nature of the crime of reckless conduct under Georgia law, concluding that it requires a sufficiently culpable mental state and is inherently a crime involving moral turpitude. The Georgia reckless conduct statute penalizes an individual for 'consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person.'

Conclusion

The court dismissed the alien's petition for review, affirming the BIA's determination that Keungne's reckless conduct conviction was a crime involving moral turpitude.

The court dismissed the alien's petition for review, affirming the BIA's determination that Keungne's reckless conduct conviction was a crime involving moral turpitude.

Who won?

The United States, as the court dismissed Keungne's petition for lack of jurisdiction, agreeing with the BIA that his conviction constituted a crime involving moral turpitude.

The United States, as the court dismissed Keungne's petition for lack of jurisdiction, agreeing with the BIA that his conviction constituted a crime involving moral turpitude.

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