Record failed to contain sufficient findings by Bd. to support its ultimate conclusion that alien’s prior New Jersey conviction on charge of assault with deadly weapon constituted crime of moral turpitude that precluded alien from being eligible to obtain cancellation of removal relief. Remand was required, where: (1) Bd. failed to explain why it characterized New Jersey offense as crime of moral turpitude; (2) record regarding alien’s New Jersey conviction showed that alien was convicted without any fact-finding regarding nature of his accomplices’ use of weapons; and (3) Bd. failed to explain why alien failed to meet his burden of showing that applications of New Jersey statute went beyond generic offense of assault with deadly weapon under circumstances where defendant’s plea colloquy showed only that assault occurred through use of hands and feet and no use of traditional deadly weapons. As such, Bd. needs to determine on remand whether New Jersey deadly weapon assault statute is closer to generic simple assault offense, which is not crime of moral turpitude.
Federal 7th Circuit Court
Civil Court
Immigration