Legal Opinion
Rodriguez-Castro v. Gonzales
Court of Appeals for the Fifth Circuit
Decided October 3, 2005No. 04-60003PublishedCited by 42 opinions
1Opinion of the Court
DENNIS, Circuit Judge:
The question presented is whether attempted misdemeanor child abandonment, with intent to return to the child, under section 22.041(b) of the Texas Penal Code is a crime involving moral turpitude (CIMT) under 8 U.S.C. § 1182(a)(2)(A)(i)(I). We conclude that it is not. As interpreted by the Texas courts, that crime is not an “abandonment” in the ordinary sense of the word, but is, in essence, leaving a child under the age of 15 years temporarily without adult supervision under circumstances that a reasonable person would perceive expose the child to an unreasonable risk…
2Cases cited28 opinions
- Jean Patrick Michel v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2000
- Jan Knapik v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2004
- Nir Goldeshtein v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1993
- Periklis Papageorgiou v. Alberto R. Gonzales, Attorney General of the United States Bureau of Citizenship and Immigration ServicesCourt of Appeals for the Third Circuit · 2005
- Marek PARTYKA, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, RespondentCourt of Appeals for the Third Circuit · 2005
23 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- SILVA-TREVINOBoard of Immigration Appeals · 2015
- Juan Larin-Ulloa v. Alberto Gonzales, United States Attorney GeneralCourt of Appeals for the Fifth Circuit · 2006
- Qureshi v. HolderCourt of Appeals for the Fifth Circuit · 2011
- Thuy-Xuan Mai v. GonzalesCourt of Appeals for the Fifth Circuit · 2006
- Moreira v. MukaseyCourt of Appeals for the Fifth Circuit · 2007
37 more not listed; retrieve them via the Exa API.