Legal Opinion

Rosa Pena v. Sessions

Court of Appeals for the First Circuit

Decided February 14, 2018No. 17-1310PPublished

1Opinion of the Court

LYNCH, Circuit Judge.

This petition for review presents the question of whether the Board of Immigration Appeals' ("BIA") decision is sustainable on the reasoning it used to conclude that a violation of Mass. Gen. Laws ch. 266, § 2 ("Massachusetts Arson") is categorically a crime involving moral turpitude ("CIMT") under the Immigration and Nationality Act ("INA"), Pub. L. No. 82-414, 66 Stat. 163 (1952) (codified as amended in scattered sections of 8 U.S.C.). The consequence of this BIA ruling is that petitioner Domingo Antonio Rosa Pena ("Rosa") is removable. We remand to the BIA due to its…

2Cases cited16 opinions

  1. Moncrieffe v. HolderSupreme Court of the United States · 2013
  2. Noel Ali Rodriguez-Herrera v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995
  3. Maghsoudi v. Immigration & Naturalization ServiceCourt of Appeals for the First Circuit · 1999
  4. Commonwealth v. McLaughlinMassachusetts Supreme Judicial Court · 2000
  5. Dusko Vuksanovic v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2006

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