Jan Knapik v. John Ashcroft, Attorney General of the United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that \the BIA limits moral turpitude to crimes [involving specific intent or crimes] in which a defendant consciously disregards a substantial risk of serious harm or death to another\
• observing that “the BIA limits moral turpitude to crimes [involving specific intent or crimes] in which a defendant consciously disregards a substantial risk of serious harm or death to another”
• explaining that we accord Chevron deference to the BIA's determination that a particular crime involves moral turpitude but we accord no deference to the BIA's determination of \the elements . . . of a particular criminal statute deemed to implicate moral turpitude\
• concluding that similar crime involved moral turpitude
• noting that drunk driving “almost certainly does not involve moral turpitude”
• noting that the cat- egorical approach may be abandoned either when the underlying criminal statute is divisible or when the “terms of the statute on which the removal is based invites inquiry into the facts of the underlying conviction”

Source: CourtListener parenthetical corpus (CC0).