United States v. Garcia-Santana, more chipping away at the Almanza-Arenas / Young burden of proof issue.

Thursday, March 13th, 2014

When an alien applies for relief from removal, he has to prove eligibility for the relief according to INA ยง 240(c)(4)(A). For some forms of relief, principally voluntary departure and Cancellation of Removal for Certain Nonpermanent Residents, one of the requirements for relief is that the applicant not have had any convictions for crimes of moral turpitude. Whether a crime is a crime of moral turpitude is indubitably among the issues most addressed by courts of appeals. A big problem…