Saqr v. Holder, No. 07-3794

In a petition for review of the BIA's order holding that petitioner was subject to removal on the grounds that his criminal conviction for second degree assault under extreme emotional disturbance under Kentucky law was an aggravated felony and that his conviction for reckless homicide was a crime of moral turpitude, the petition is granted: where 1) the BIA erred when it applied the post-IIRIRA definition of "aggravated felony" to petitioner's case because the issuance of an arrest warrant by the INS which had not been canceled constituted an "action taken" for purposes of triggering application of the pre-IIRIRA definition of an aggravated felony; and 2) neither of petitioner's prior convictions constituted an aggravated felony under the pre-IIRIRA definition. The matter is remanded for reconsideration of whether petitioner's conviction for reckless homicide constitutes a crime involving moral turpitude.

Read Saqr v. Holder, No. 07-3794

Appellate Information

Argued: December 5, 2008

Decided and Filed: September 9, 2009

Judges

Opinion by Judge Stamp

Counsel

For Petitioner:

Blake P. Somers, Cincinnati, OH

For Respondent:

Blair O'Connor, U.S. Department of Justice, Washington, DC