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RODRIGUEZ-CASTRO v. GONZALES

No. 04-60003.

427 F.3d 316 (2005)

Seferina RODRIGUEZ-CASTRO, Petitioner, v. Alberto R. GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

October 3, 2005.

Attorney(s) appearing for the Case

Barbara Hines (argued), University of Texas School of Law, Austin, TX, for Petitioner.

David V. Bernal, Thomas Ward Hussey, Dir., Suzanne Nicole Nardone (argued), U.S. Dept. of Justice, OIL, Regina Byrd, U.S. Dept. of Justice, Civ. Div., Imm. Lit., Alberto R. Gonzales, U.S. Dept. of Justice, Barry Joseph Pettinato, U.S. Dept. of Homeland Sec., Washington, DC, Kenneth L. Pasquarell, Acting Dist. Dir., U.S. INS, San Antonio, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondents.

Before DAVIS, STEWART and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

The question presented is whether attempted misdemeanor child abandonment, with intent to return to the child, under section 22.041(b) of the Texas Penal Code is a crime involving moral turpitude (CIMT) under 8 U.S.C. § 1182(a)(2)(A)(i)(I). We conclude that it is not. As interpreted by the Texas courts, that crime is not an "abandonment" in the ordinary sense of the word, but is, in essence, leaving a child under the age of 15 years temporarily...

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