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· 7/1/2009

LOUISSAINT

Citations

  • 24 I. & N. Dec. 754

Syllabus

LOUISSAINT, 24 I&N Dec. 754 (BIA 2009) ID 3635 (PDF) (1) The categorical approach for determining if a particular crime involves moral turpitude set forth in Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008), requires the traditional categorical analysis, which was used by the United States Supreme Court in Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007), and includes an inquiry into whether there is a \realistic probability\ that the statute under which the alien was convicted would be applied to reach conduct that does not involve moral turpitude. (2) A conviction for burglary of an occupied dwelling in violation of section 810.02(3)(a) of the Florida Statutes is categorically a conviction for a crime involving moral turpitude. Matter of M-, 2 I&N Dec. 721 (BIA A.G. 1946), distinguished.

How courts have described this case

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

  • where evicted tenant’s property stored by landlord and city marshal at warehouse, landlord rather than tenant must pay for storage

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