Haitian citizen's petition for withholding of removal is granted and the order of the BIA denying the application is reversed where: 1) the circuit court rejects the Attorney General's novel approach to adjudicating crimes involving moral turpitude (CIMT); and 2) following the established methodology for adjudicating CIMT as set forth in Partyka v. Att'y Gen., 417 F.3d 408 (3d Cir. 2005), petitioner's prior conviction for simple assault against a child under twelve years of age does not constitute CIMT for purposes of cancellation of removal.
Petition for Review of an Order of the United States Department of Justice Board of Immigration Appeals
District Judge: Honorable Rosalind K. Malloy
Opinion Filed October 6, 2009
Before: Rendell and Roth, Circuit Judges and Hayden, District Judge
Opinion by Rendell, Circuit Judge
Counsel for Appellant: Craig R. Shagin, The Shagin Law Group
Counsel for Appellee: Kevin J. Conway, Richard M. Evans, Brooke M. Maurer, United States Department of Justice Office of Immigration Litigation.