Legal Opinion

Lucio-Rayos v. Sessions

Court of Appeals for the Tenth Circuit

Decided November 14, 2017No. 15-9584PublishedCited by 28 opinions

1Opinion of the Court

EBEL, Circuit Judge.-

The question- presented in this petition for -review is whether Petitioner Juan Alberto Lucio-Rayos’s municipal theft conviction qualifies as a crime involving moral turpitude (“CIMT”), which would make him ineligible for cancellation of. removal. Lucio-Rayos was convicted under a divisible municipal code provision that sets forth several different theft, offenses, some ■ of which qualify as CIMTs and some of which do not. Applying the modified categorical approach, it is not possible to tell which theft offense was the basis of Lucio-Ra-yos’s conviction. However, because…

2Cases cited41 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Mathis v. United StatesSupreme Court of the United States · 2016
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Moncrieffe v. HolderSupreme Court of the United States · 2013
  5. Mellouli v. LynchSupreme Court of the United States · 2015

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3Cited by28 opinions

  1. Jose Garcia-Martinez v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
  2. Standing Akimbo, LLC v. United StatesCourt of Appeals for the Tenth Circuit · 2020
  3. Gustavo Monteon-Camargo v. William Barr, U. S. AttCourt of Appeals for the Fifth Circuit · 2019
  4. Lujan-Jimenez v. SessionsCourt of Appeals for the Tenth Circuit · 2018
  5. Maricela Leyva Martinez v. Jefferson Sessions IIICourt of Appeals for the Fourth Circuit · 2018

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