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Keywords

statutepleamisdemeanorvisa
statutepleamisdemeanorvisa

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Laryea v. Sessions

Facts

Henry Kpani Laryea, a native and citizen of Ghana, was admitted to the U.S. in 2002 on a student visa, which expired in 2008. In July 2011, he pleaded guilty to evading arrest, a Class A misdemeanor under Texas Penal Code 38.04, and was sentenced to 18 days in jail. The Department of Homeland Security initiated removal proceedings against him for remaining in the U.S. without authorization, and Laryea sought cancellation of removal under 8 U.S.C. 1229b(b)(1).

Henry Kpani Laryea, a native and citizen of Ghana, was admitted to the U.S. in 2002 on a student visa, which expired in 2008. In July 2011, he pleaded guilty to evading arrest, a Class A misdemeanor under Texas Penal Code 38.04, and was sentenced to 18 days in jail. The Department of Homeland Security initiated removal proceedings against him for remaining in the U.S. without authorization, and Laryea sought cancellation of removal under 8 U.S.C. 1229b(b)(1).

Issue

Whether Laryea's conviction for evading arrest under Texas Penal Code 38.04 categorically constitutes a crime involving moral turpitude, rendering him ineligible for cancellation of removal.

Whether Laryea's conviction for evading arrest under Texas Penal Code 38.04 categorically constitutes a crime involving moral turpitude, rendering him ineligible for cancellation of removal.

Rule

A crime involves moral turpitude if it is inherently base, vile, or depraved, and contrary to accepted rules of morality. The categorical approach is used to determine if a prior conviction is a CIMT by focusing on the elements of the offense.

A crime involves moral turpitude if it is inherently base, vile, or depraved, and contrary to accepted rules of morality. The categorical approach is used to determine if a prior conviction is a CIMT by focusing on the elements of the offense.

Analysis

The court applied the categorical approach to determine that Laryea's conviction under 38.04 was not a CIMT. It found that the statute was divisible, and Laryea's conviction for fleeing from a peace officer did not rise to the level of moral turpitude as it did not reflect inherently base behavior. The court distinguished this case from Garcia-Maldonado, which involved a different crime that was deemed a CIMT.

The court applied the categorical approach to determine that Laryea's conviction under 38.04 was not a CIMT. It found that the statute was divisible, and Laryea's conviction for fleeing from a peace officer did not rise to the level of moral turpitude as it did not reflect inherently base behavior. The court distinguished this case from Garcia-Maldonado, which involved a different crime that was deemed a CIMT.

Conclusion

The court granted Laryea's petition, vacated the BIA's decision, and remanded the case for further proceedings consistent with its opinion.

The court granted Laryea's petition, vacated the BIA's decision, and remanded the case for further proceedings consistent with its opinion.

Who won?

Laryea prevailed in the case because the court found that his conviction did not constitute a crime involving moral turpitude, thus allowing him to seek cancellation of removal.

Laryea prevailed in the case because the court found that his conviction did not constitute a crime involving moral turpitude, thus allowing him to seek cancellation of removal.

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