Legal Opinion
Shobinder Gill v. Immigration and Naturalization Services
Court of Appeals for the Second Circuit
Decided August 18, 2005No. Docket 03-40612PublishedCited by 333 opinions
1Opinion of the Court
Judge JACOBS dissents in a separate opinion.
STRAUB, Circuit Judge.
Petitioner Shobinder Gill petitions for review of a Board of Immigration Appeals (“BIA”) opinion finding Gill removable based on a conviction of a “crime involving moral turpitude” (“CIMT”) under 8 U.S.C. § 1227(a)(2)(A)®. Gill argues that his crime of conviction, attempted reckless assault under New York Penal Law § 120.05(4), is not a CIMT because it requires only a reckless state of mind, whereas some positive intent is required for a CIMT. Gill does not specifically argue that his conviction for attempted reckless assault…
2Cases cited28 opinions
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- Errol A. Foster v. United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
- Athanasios Theodoropoulos v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
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3Cited by333 opinions
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