Federal Judiciary

Interesting Immigration Decision from the Seventh

By Robert Loblaw

Garcia-Meza v. Mukasey, 07-2215 (7^th Cir., Feb. 5, 2008)

Immigrants who have been lawful residents of this country for years can still be deported in a heartbeat if they commit crimes of moral turpitude. Is crumpling up a parking ticket and tossing it at the feet of the meter maid enough to get someone deported? That?s not quite the question in this Seventh Circuit immigration appeal, but Judge Williams thinks it should be.

The actual question in this case is whether “aggravated battery of a peace officer” is always a crime involving moral turpitude. In this case, the petitioner had a confrontation with a police officer in which he asked for the officer?s name and then “ill advisedly moved his hand toward the officer?s name tag.” The officer shoved the petitioner?s hand away, and in the process had two fingers slightly twisted. And that, under Illinois law, constitutes an aggravated battery of a peace officer.

After the petitioner pleaded guilty and was sentenced to two years? probation, the feds deported him on the theory that his crime was so fearsome sounding that it must involve moral turpitude. Not so fast, says the Seventh, with an opinion that illustrates how Illinois law turns even the slightest physical contact with a police officer into an aggravated battery. Accordingly, the Court remands the case to give the Board of Immigration Appeals a chance to look at whether the petitioner?s crime was so “inherently base, vile, or depraved” that it “shock[s] the public?s conscience.” I?m thinking that the answer will be no this time around.

Full post as published by Decision of the Day on February 05, 2008 (boomark / email).