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statutepleaguilty plea
statutepleaguilty plea

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Wala v. Mukasey

Facts

Wala, a citizen of Poland, was admitted to the United States in 1994 as a lawful permanent resident. On August 7, 2002, Wala pled guilty to two counts of burglary in the third degree and one count of failure to appear in the first degree. During his plea colloquy, Wala admitted to taking items from a victim's home but did not admit to taking them with the intent to permanently deprive the victim of them. The Board held that the intent to commit a permanent taking was necessary to sustain the removability charge.

Wala, a citizen of Poland, was admitted to the United States in 1994 as a lawful permanent resident. On August 7, 2002, Wala pled guilty to two counts of burglary in the third degree and one count of failure to appear in the first degree. During his plea colloquy, Wala admitted to taking items from a victim's home but did not admit to taking them with the intent to permanently deprive the victim of them. The Board held that the intent to commit a permanent taking was necessary to sustain the removability charge.

Issue

Whether Wala's conviction for third-degree burglary constituted a crime involving moral turpitude (CIMT) under 8 U.S.C. 1182(a)(2)(A)(i)(I).

Whether Wala's conviction for third-degree burglary constituted a crime involving moral turpitude (CIMT) under 8 U.S.C. 1182(a)(2)(A)(i)(I).

Rule

An alien is removable under 8 U.S.C. 1182(a)(2)(A)(i)(I) if he has been convicted of, or admits having committed, or admits committing acts which constitute the essential elements of a crime involving moral turpitude. The BIA has held that burglary offenses may or may not involve moral turpitude, depending on whether the crime intended to be committed at the time of entry involves moral turpitude.

An alien is removable under 8 U.S.C. 1182(a)(2)(A)(i)(I) if he has been convicted of, or admits having committed, or admits committing acts which constitute the essential elements of a crime involving moral turpitude. The BIA has held that burglary offenses may or may not involve moral turpitude, depending on whether the crime intended to be committed at the time of entry involves moral turpitude.

Analysis

The court analyzed whether Wala's guilty plea to third-degree burglary involved an intent to commit a crime that constituted a CIMT. The court noted that while Wala pled guilty to burglary with the intent to commit larceny, the BIA improperly inferred from the plea colloquy that Wala intended a larceny offense involving a permanent taking. The court emphasized that the Connecticut larceny statute does not distinguish between permanent and temporary takings, and Wala did not admit to an intent to permanently deprive the victim of property.

The court analyzed whether Wala's guilty plea to third-degree burglary involved an intent to commit a crime that constituted a CIMT. The court noted that while Wala pled guilty to burglary with the intent to commit larceny, the BIA improperly inferred from the plea colloquy that Wala intended a larceny offense involving a permanent taking. The court emphasized that the Connecticut larceny statute does not distinguish between permanent and temporary takings, and Wala did not admit to an intent to permanently deprive the victim of property.

Conclusion

The court vacated the BIA's removal order and remanded for further proceedings, concluding that Wala's guilty plea did not necessarily rest on facts identifying the burglary as a CIMT.

The court vacated the BIA's removal order and remanded for further proceedings, concluding that Wala's guilty plea did not necessarily rest on facts identifying the burglary as a CIMT.

Who won?

Wala prevailed in the case because the court found that the BIA's inference regarding his intent to commit a permanent taking was improper.

Wala prevailed in the case because the court found that the BIA's inference regarding his intent to commit a permanent taking was improper.

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