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Jean-Louis v. Attorney General

United States Court of Appeals for the Third Circuit
582 F.3d 462 (2009)


Facts

Lyonel Jean-Louis (plaintiff) was a native and citizen of Haiti who was admitted to the United States as a lawful permanent resident in 1996. In 2001, Jean-Louis pleaded guilty to committing simple assault against a child under 12 years of age in violation of Pennsylvania law. Jean-Louis was attempting to discipline the daughter of his wife when he was arrested for the crime. The Department of Homeland Security subsequently initiated proceedings under the Immigration and Nationality Act (INA) to remove Jean-Louis from the United States. Jean-Louis sought discretionary relief to cancel his removal but the immigration judge concluded, and the Board of Immigration Appeals (BIA) affirmed, that his conviction for simple assault of a child constituted a crime involving moral turpitude (CIMT) making deportation mandatory. Jean-Louis filed a petition against Attorney General Eric Holder, Jr., (defendant) appealing the BIA’s determination to the court of appeals.

Rule of Law

Issue

Holding and Reasoning (Rendell, J.)

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