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Keywords

statutecriminal lawasylummens reaactus reus
statutecriminal lawasylummens reaactus reus

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Uppal v. Holder

Facts

Jaspal Singh Uppal, a native and citizen of India, illegally entered the United States in 1997 and was granted asylum in 1998. He was accorded status as a permanent resident in 2004. The government charged him as removable under 8 U.S.C.S. 1227(a)(1)(A), alleging that he was inadmissible at the time of his entry and/or adjustment of status on two grounds: (1) he had been convicted of a crime involving moral turpitude; and (2) he attempted to obtain immigration benefits through fraud. Specifically, the government asserted that he had been convicted of aggravated assault in violation of the criminal laws of Canada and was deported from Canada to India as a result.

Jaspal Singh Uppal, a native and citizen of India, illegally entered the United States in 1997 and was granted asylum in 1998. He was accorded status as a permanent resident in 2004. The government charged him as removable under 8 U.S.C.S. 1227(a)(1)(A), alleging that he was inadmissible at the time of his entry and/or adjustment of status on two grounds: (1) he had been convicted of a crime involving moral turpitude; and (2) he attempted to obtain immigration benefits through fraud. Specifically, the government asserted that he had been convicted of aggravated assault in violation of the criminal laws of Canada and was deported from Canada to India as a result.

Issue

Whether the BIA erred in concluding that Uppal had committed a crime which categorically involved moral turpitude, thus rendering him inadmissible at the time of his adjustment of status and subject to removal.

Whether the BIA erred in concluding that Uppal had committed a crime which categorically involved moral turpitude, thus rendering him inadmissible at the time of his adjustment of status and subject to removal.

Rule

The determination whether a conviction under a criminal statute is categorically a CIMT involves two steps: first, the BIA must identify the elements of the statute necessary to secure a conviction; second, it must compare those elements to the generic definition of a crime involving moral turpitude and decide whether they meet the definition.

The determination whether a conviction under a criminal statute is categorically a CIMT involves two steps: first, the BIA must identify the elements of the statute necessary to secure a conviction; second, it must compare those elements to the generic definition of a crime involving moral turpitude and decide whether they meet the definition.

Analysis

The court found that the BIA misapprehended the actus reus elements required for a conviction under 268 of the Canada Criminal Code. The BIA's conclusion that aggravated assault is categorically a CIMT was not warranted because the mens rea required for a conviction under 268 does not necessitate an intent to inflict serious physical injury, which is typically required for a CIMT.

The court found that the BIA misapprehended the actus reus elements required for a conviction under 268 of the Canada Criminal Code. The BIA's conclusion that aggravated assault is categorically a CIMT was not warranted because the mens rea required for a conviction under 268 does not necessitate an intent to inflict serious physical injury, which is typically required for a CIMT.

Conclusion

The petition was granted, and the action was remanded for application of the modified categorical approach.

The petition was granted, and the action was remanded for application of the modified categorical approach.

Who won?

Jaspal Singh Uppal prevailed in the case because the court found that the BIA's analysis of his aggravated assault conviction as a CIMT was flawed.

Jaspal Singh Uppal prevailed in the case because the court found that the BIA's analysis of his aggravated assault conviction as a CIMT was flawed.

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