Ribelino Avendano v. Eric H. Holder, Jr.

I concur in Part II.B. of the court’s opinion. With respect to the court’s conclusion that “the Board permissibly categorized Avendano’s offense of making terroristic threats in Minnesota as a crime involving moral turpitude,” as addressed in Part U.A., I respectfully dissent.

Ribelino Avendano pleaded guilty to one count of making terroristic threats in violation of Minn.Stat. § 609.713 subd. 1. This statute provides two mental states by which the statute may be violated: “Whoever threatens, directly or indirectly, to commit any crime of violence with purpose to terrorize another ... or in a…