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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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