Roni David Marciano v. Immigration and Naturalization Service

GARNETT THOMAS EISELE, District Judge*

(dissenting).

I must dissent from the opinion of the majority.1 I feel that a proper reading of the phrase “crime involving moral turpitude”, contained in 8 U.S.C.A. § 1251(a) (4), would require that the case be returned to the Board of Immigration Appeals to determine if the petitioner’s criminal conduct here did or did not, factually, “involve moral turpitude”. I fully acknowledge that the existing case law, adopted in some Circuits, would preclude our requiring such a factual determination, but I do not think that the clear intent of Congress can be…