Petitioner petitioned for review of the Bureau of Immigration Appeals’ decision finding petitioner ineligible for cancellation of removal because he had sustained a prior conviction for a crime involving moral turpitude. Petitioner, who had entered the country illegally, had pleaded guilty in Nebraska to theft by receiving stolen property.
Where the Nebraska theft statute included an element that the offender did not have intent to restore the stolen property to its owner, petitioner had committed a crime of moral turpitude because he had committed a theft that realistically included intent to permanently deprive an owner of his or her property.
Petition is denied.
Reyna v. Barr (MLW No. 73857/Case No. 18-1614 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Petition for Review of an Order of the Board of Immigration Appeals. (Joshua W. Weir, of Omaha, NE for petitioner) (Sara Bayram, USDOJ, OIL, of Washington, D.C. for respondent)