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DA SILVA NETO v. HOLDER

No. 11-1847.

680 F.3d 25 (2012)

Joao Palmeira DA SILVA NETO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided May 10, 2012.

Attorney(s) appearing for the Case

Ilana Etkin Greenstein , Kaplan, Friedman & Associates, with whom Harvey Kaplan and Jeremiah Friedman were on brief for petitioner.

Dara S. Smith , Trial Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, with whom Tony West , Assistant Attorney General, Civil Division, and David V. Bernal , Assistant Director, Office of Immigration Litigation, were on brief for respondent.

Before BOUDIN, Circuit Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

This appeal presents the discrete question of whether malicious destruction of property under Massachusetts law qualifies as a crime involving moral turpitude (CIMT). We conclude that it does and therefore deny the petition for review.

I. Facts & Background

Joao Palmeira Da Silva Neto (Palmeira) is a native and citizen of Brazil. He entered the United States without inspection in 1994 with his wife, Maria, who is also a...

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