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statuteappealpleawillfelony
statuteappealpleawillfelony

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Ruiz-Lopez, Matter of

Facts

In 1997, Armando Ruiz-Lopez pleaded guilty to felony flight after attempting to elude a police officer who signaled him to stop. The incident occurred when Ruiz-Lopez was driving at high speed and failed to stop despite the police's visual and audible signals. He was sentenced to forty days in prison and twenty-four months of community supervision. In 2006, the BIA charged him with removability based on his conviction, which he contested on the grounds that it did not involve moral turpitude.

In 1997, Armando Ruiz-Lopez pleaded guilty to felony flight after attempting to elude a police officer who signaled him to stop. The incident occurred when Ruiz-Lopez was driving at high speed and failed to stop despite the police's visual and audible signals. He was sentenced to forty days in prison and twenty-four months of community supervision. In 2006, the BIA charged him with removability based on his conviction, which he contested on the grounds that it did not involve moral turpitude.

Issue

Did the BIA err in classifying Ruiz-Lopez's conviction for felony flight as a crime involving moral turpitude?

Did the BIA err in classifying Ruiz-Lopez's conviction for felony flight as a crime involving moral turpitude?

Rule

The BIA's definition of a crime involving moral turpitude (CIMT) requires proof of both a culpable mental state (scienter) and reprehensible conduct.

The BIA's definition of a crime involving moral turpitude (CIMT) requires proof of both a culpable mental state (scienter) and reprehensible conduct.

Analysis

The court applied the categorical approach to determine that Ruiz-Lopez's conviction for felony flight involved moral turpitude. The court found that the nature of the felony-flight statute required a willful disregard for the safety of others, which satisfied the BIA's definition of CIMT. The court noted that intentionally fleeing from a police vehicle constituted conduct that society condemns as reprehensible.

The court applied the categorical approach to determine that Ruiz-Lopez's conviction for felony flight involved moral turpitude. The court found that the nature of the felony-flight statute required a willful disregard for the safety of others, which satisfied the BIA's definition of CIMT. The court noted that intentionally fleeing from a police vehicle constituted conduct that society condemns as reprehensible.

Conclusion

The appellate court denied Ruiz-Lopez's petition for review, affirming the BIA's classification of his felony flight conviction as a CIMT.

The appellate court denied Ruiz-Lopez's petition for review, affirming the BIA's classification of his felony flight conviction as a CIMT.

Who won?

The Board of Immigration Appeals (BIA) prevailed in the case, as the court upheld its determination that Ruiz-Lopez's conviction constituted a crime involving moral turpitude.

The Board of Immigration Appeals (BIA) prevailed in the case, as the court upheld its determination that Ruiz-Lopez's conviction constituted a crime involving moral turpitude.

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