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LUCIO-RAYOS v. SESSIONS

No. 15-9584.

875 F.3d 573 (2017)

Juan Alberto LUCIO-RAYOS, Petitioner, v. Jefferson B. SESSIONS III, United States Attorney General, Respondent. Immigrant Defense Project; National Immigration Project of the National Lawyers Guild; American Immigration Lawyers Association; Detention Watch Network; Rocky Mountain Immigrant Advocacy Network; Colorado Lawyers Committee; New Mexico Criminal Defense Lawyers Association; Utah Association of Criminal Defense Lawyers; Professor Christopher Lasch; Professor Noah B. Novogrodsky; Professor Violeta Chapin, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED November 14, 2017.

Attorney(s) appearing for the Case

James S. Lamb , Chan Law Firm, Denver, Colorado, for Petitioner.

Corey L. Farrell ( Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Terri J. Scadron , Assistant Director, and Lisa Morinelli , on the brief), United States Department of Justice, Washington, D.C. for Respondent.

Aaron Scherzer ( Jayashri Srikantiah and Lisa Weissman-Ward , Mills Legal Clinic, Stanford, California; Manuel Vargas and Andrew Wachtenheim , Immigrant Defense Project, New York, New York, on the brief), Orrick, Harrington & Sutcliffe, LLP, New York, New York, for Amici Curiae.

Before HARTZ and EBEL, Circuit Judges.

The question presented in this petition for review is whether Petitioner Juan Alberto Lucio-Rayos's municipal theft conviction qualifies as a crime involving moral turpitude ("CIMT"), which would make him ineligible for cancellation of removal. Lucio-Rayos was convicted under a divisible municipal code provision that sets forth...

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