Legal Opinion · Concurring in the judgment

Maria Arias v. Loretta E. Lynch

Court of Appeals for the Seventh Circuit

Decided August 24, 2016No. 14-2839Published

1Concurring in the judgmentPosner, Circuit Judge

I agree that we should grant the petition and therefore remand the case to the Board of Immigration Appeals for reconsideration of the Board’s refusal to cancel the order that the petitioner b.e removed (deported) from the United States.

I do not however agree with the respect that Judge Hamilton’s opinion accords the concept of “moral turpitude.” It is preposterous that that stale, antiquated, and, worse, meaningless phrase should continue to be a part of American law. Its meaninglessness is well illustrated by this case; and even if it is to be retained in immigration law it was misapplied…

2Cases cited20 opinions

  1. Jordan v. De GeorgeSupreme Court of the United States · 1951
  2. Octavia Beltran-Tirado,petitioner v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  3. Hamdan v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1996
  4. AJAMIBoard of Immigration Appeals · 1999
  5. SOLONBoard of Immigration Appeals · 2007

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