November 01st, 2017
US Court of Appeals for the Fifth Circuit Opinions
Villegas-Sarabia v. Sessions
Dockets: 15-60639, 15-50993
Opinion Date: October 31, 2017
Judge: Jacques Loeb Wiener, Jr.
Areas of Law: Immigration Law
In these consolidated appeals, petitioner and his father sought review of the BIA's holding that petitioner was inadmissible to the United States and ineligible to adjust his citizenship status because his conviction for misprision of a felony is a crime involving moral turpitude. Furthermore, the government challenged two aspects of the district court's decision. The Fifth Circuit affirmed the BIA's order in the first appeal and denied the petition for review, holding that the BIA did not err in holding that misprision of a felony is a crime of moral turpitude. Although the district court correctly held that the residency requirements of 8 U.S.C. 1401 and 1409 violate equal protection, the court reversed the district court's judgment that petitioner is a United States citizen under a constitutional reading of those statutes in light of the limited remedy the Supreme Court announced for that violation.
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