Larios v. Attorney General
United States Court of Appeals for the Third Circuit
978 F. 3d 62 (2020)
- Written by Eric Miller, JD
Facts
Lazaro Javier Larios (plaintiff), an El Salvadorean national who entered the United States illegally, was convicted under New Jersey’s terroristic-threats statute for pulling a knife on someone, allegedly to fend off a robbery. The statute made it a crime to threaten to commit any crime of violence to (1) terrorize another person, (2) cause evacuation, or (3) cause public inconvenience, either with intent or in reckless disregard of the risk. Larios entered proceedings for removal from the country. The immigration judge and board of immigration appeals determined that Larios had committed a crime that was a categorical match for a crime of moral turpitude under § 1182(a)(2). Larios petitioned for cancellation of removal, bringing the case before the United States Court of Appeals for the Third Circuit, which remanded twice due to confusion over the proper approach to analysis of the New Jersey statute. The case then came before the court a third time.
Rule of Law
Issue
Holding and Reasoning (Krause, J.)
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