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· 7/1/1992

PEREZ-CONTRERAS

Citations

  • 20 I. & N. Dec. 615

Syllabus

PEREZ-CONTRERAS, 20 I&N Dec. 615 (BIA 1992) ID 3194 (PDF) (1) A conviction forassault in the third degree under section 9A.36.031(1)(f) of the RevisedCode of Washington is not a firearm offense where use of a firearm isnot an element of the offense. (2) A conviction forassault in the third degree under section 9A.36.031(1)(f) of the RevisedCode of Washington is not a crime involving moral turpitude where intentionalor reckless conduct is excluded from the statutory definition of the crime. (3) The Board withdrawsfrom Matter of Baker, 15 I&N Dec. 50 (BIA 1974), to the extent itholds that assault in the third degree resulting in great bodily harmis a crime involving moral turpitude without regard to the existence ofintentional or reckless conduct.

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