U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

Jean-Louis v. Att'y Gen., No. 07-3311

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.     

Read Jean-Louis v. Att'y Gen., No. 07-3311

Appellate Information

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.