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Lovano v. Lynch

Facts

Salvatore Lovano, a Canadian citizen and lawful permanent resident of the U.S., was convicted in 2012 for aggravated assault in Ohio. This conviction, along with a prior conviction for attempting to pass bad checks in 1993, led the Department of Homeland Security to initiate removal proceedings against him under 8 U.S.C. 1227(a)(2)(A)(ii), which pertains to aliens convicted of crimes involving moral turpitude. The Board of Immigration Appeals affirmed the Immigration Judge's ruling that both convictions were for crimes involving moral turpitude.

Salvatore Lovano, a Canadian citizen and lawful permanent resident of the U.S., was convicted in 2012 for aggravated assault in Ohio. This conviction, along with a prior conviction for attempting to pass bad checks in 1993, led the Department of Homeland Security to initiate removal proceedings against him under 8 U.S.C. 1227(a)(2)(A)(ii), which pertains to aliens convicted of crimes involving moral turpitude. The Board of Immigration Appeals affirmed the Immigration Judge's ruling that both convictions were for crimes involving moral turpitude.

Issue

Whether aggravated assault in Ohio was a crime of moral turpitude.

Whether aggravated assault in Ohio was a crime of moral turpitude.

Rule

A criminal offense involves 'moral turpitude' if the relevant statute defines the offense in such a manner that it necessarily entails conduct that is inherently base, vile, or depraved, and contrary to accepted rules of morality.

A criminal offense involves 'moral turpitude' if the relevant statute defines the offense in such a manner that it necessarily entails conduct that is inherently base, vile, or depraved, and contrary to accepted rules of morality.

Analysis

The court applied the categorical approach to determine whether Ohio's aggravated assault statute constituted a crime involving moral turpitude. It found that the statute required proof of intent and the causing of serious physical harm, which aligns with the definition of moral turpitude. The court rejected Lovano's arguments regarding the distinction between physical harm and injury, the sufficiency of the mental state of 'knowingly,' and the impact of provocation on the crime's classification.

The court applied the categorical approach to determine whether Ohio's aggravated assault statute constituted a crime involving moral turpitude. It found that the statute required proof of intent and the causing of serious physical harm, which aligns with the definition of moral turpitude. The court rejected Lovano's arguments regarding the distinction between physical harm and injury, the sufficiency of the mental state of 'knowingly,' and the impact of provocation on the crime's classification.

Conclusion

The court denied Lovano's petition for review, affirming that he was convicted of two crimes involving moral turpitude, thus subjecting him to removal.

The court denied Lovano's petition for review, affirming that he was convicted of two crimes involving moral turpitude, thus subjecting him to removal.

Who won?

The government prevailed in the case, as the court upheld the Board of Immigration Appeals' decision that Lovano's aggravated assault conviction constituted a crime involving moral turpitude.

The government prevailed in the case, as the court upheld the Board of Immigration Appeals' decision that Lovano's aggravated assault conviction constituted a crime involving moral turpitude.

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