Today CA3 reversed a removal order because it held that PA’s reckless-endangerment statute is not categorically a crime involving moral turpitude. This follows the court’s similar reversal earlier this month in Hernandez-Cruz, which involved PA’s child-endangerment statute, although today’s opinion does not cite it. The opinion joins other circuits declining to apply Chevron deference to unpublished, single-member BIA decisions.
The case is Mahn v. AG. Opinion by Fuentes, joined by McKee and Greenaway. Arguing counsel were Wayne Sachs for the petitioner and Andrew Insenga for the AG.