Henry Laryea v. Jefferson Sessions, III

Proceeding pro se, Henry Kpani Laryea, a native and citizen of Ghana, petitions for review of a decision of the Board of Immigration Appeals finding that his prior conviction of evading arrest under Texas Penal Code § 38.04 (2011) was categorically a crime involving moral turpitude rendering him ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(l). Because we hold that § 38.04 is not categorically a crime involving moral turpitude, we GRANT Laryea’s petition, VACATE the BIA’s decision, and REMAND for further proceedings consistent with this opinion.

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Laryea was admitted to the…