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MAHN v. ATTORNEY GENERAL OF U.S.

No. 12-4377.

767 F.3d 170 (2014)

Emmanuel MAHN, Petitioner, v. ATTORNEY GENERAL OF the UNITED STATES of America, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 17, 2014.

Attorney(s) appearing for the Case

Wayne P. Sachs, Esq. [Argued], Philadelphia, PA, for Petitioner.

Charles S. Greene, III, Esq. [Argued], Zoe J. Heller, Esq. , Andrew B. Insenga, Esq. , United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent.

Before: McKEE, Chief Judge, FUENTES and GREENAWAY, JR., Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

Emmanuel Mahn petitions for review of his final order of removal and contends that his Pennsylvania conviction for reckless endangerment is not a crime involving moral turpitude ("CIMT"). Applying the categorical approach, we conclude that the least culpable conduct punishable under Pennsylvania's reckless endangerment statute does not implicate moral turpitude. Therefore, we grant Mahn's petition for review and...

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