On November 6, 2014, the Ninth Circuit Court of Appeals issued a decision that could greatly affect an immigrant’s eligibility for relief in removal proceedings.  The Ninth Circuit held in Leal v. Holder, _ F.3d__, No. 12-73381 (9th Cir. Nov. 6, 2014), that the Board of Immigration Appeals reasonably determined that a conviction for felony endangerment under Arizona Revised Statutes § 13-1201 is a crime involving moral turpitude such that is requires “both reprehensible conduct and some form of scienter.”

The Ninth deferred to the BIA’s determination that “excessive voluntary intoxication combined with the…creation of a substantial, actual risk of imminent death of another person – constitutes morally turpitudinous conduct.”

As a result, based on this case, pleading to A.R.S. § 13-1201 could have serious immigration consequences.  An immigrant in criminal proceedings should always consult a knowledgeable immigration attorney to fully be informed of the immigration consequences.

 

Find the full decision here: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/11/06/12-73381.pdf