10-1664 Mata-Guerrero v. Holder

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Immigration
Removal; moral turpitude

The BIA must consider whether failure to register as a sex offender is a crime of moral turpitude.

“Mata-Guerrero’s case must be remanded so that this individualized inquiry can be made. The Board of Immigration Appeals defines ‘crimes of moral turpitude’ as ‘conduct that shocks the public conscience as being “inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owned between persons or to society in general.”‘ Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir. 2008), quoting In re Solon, 24 I. & N. Dec. 239, 240 (2007). The Attorney General has instructed: ‘A finding of moral turpitude under the Act requires that a perpetrator have committed the reprehensible act with some form of scienter.’ Silva-Trevino, 24 I. & N. Dec. at 706. Nothing in the record before this court suggests that the requisite intent was present in Mata-Guerrero’s crime. Wisconsin Statute § 301.45(2)(a) does not have an element of intent, and Mata-Guerreo’s record of conviction under that provision of Wisconsin law does not disclose that he had any criminal intent when he failed to comply with its requirements. Remand is appropriate so further inquiry may be made. We therefore grant Mata- Guerrero’s petition for review and remand to the Board so it may determine whether his conviction under Wisconsin Statute § 301.45(2)(a) was a crime of moral turpitude using the individualized inquiry required by the Attorney General in Silva-Trevino. If it was not, then Mata-Guerrero is entitled to have the government exercise its sound discretion based on his individual circumstances in deciding whether to grant him a section 212(c) waiver.”

Petition Granted.

10-1664 Mata-Guerrero v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Hamilton, J.

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