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KNAPIK v. ASHCROFT

No. 03-2787.

384 F.3d 84 (2004)

Jan KNAPIK, Petitioner v. *John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

Filed September 17, 2004.

Attorney(s) appearing for the Case

Steven Lyons, (Argued), Martin C. Liu and Associates, PLLC, New York, NY, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Emily Anne Radford, Assistant Director, Douglas E. Ginsburg, John M. McAdams, Jr., Aviva L. Poczter, Nicole Nardone, (Argued), Department of Justice Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent.

Before AMBRO, BECKER and GREENBERG, Circuit Judges.

AMBRO, Circuit Judge.

Jan Knapik challenges the decision of the Board of Immigration Appeals (BIA) that his conviction for attempted reckless endangerment is a crime involving moral turpitude under § 237(a)(2)(A)(i) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1227(a)(2)(A)(i). Knapik argues that crimes with a mens rea no greater than recklessness cannot involve moral turpitude because such crimes require intent. He also argues that...

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