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U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals


Qffice of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church. Virg;nia 20530

OHS/ICE Office of Chief Counsel - PHI

Surin & Griffin, P .C.


325 Chestnut Street, Suite 1305
Philadelphia, PA 19106

900 Market Street, Suite 346


Philadelphia, PA 19107

Name: VASQUEZ-LOPEZ, RODRIGO

A 048-138-084

Date of this notice: 3/10/2015

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

Donna Carr
Chief Clerk

Enclosure
Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index
Cite as: Rodrigo Vasquez-Lopez, A048 138 084 (BIA March 10, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

Griffin, Thomas M

U.S. Department of Justice


Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 20530

File:

A048 138 084 - Philadelphia, PA

Date:

MAR 10 2015

In re: RODRIGO VASQUEZ-LOPEZ

APPEAL
ON BEHALF OF RESPONDENT:

Thomas M. Griffin, Esquire

CHARGE:
Notice:

Sec. 237(a)(2)(A)(i), I&N Act [8 U.S.C. 1227(a)(2)(A)(i)] Convicted of crime involving moral turpitude

APPLICATION: Termination

This case is before us pursuant to a November 18, 2014, order by the United States Court of
Appeals for the Third Circuit which granted the government's unopposed motion to remand the
record for the Board to reconsider its January 24, 2014, decision in this case. We will terminate
the respondent's removal proceedings.
The respondent is a native and citizen of Mexico who was admitted to the United States as a
lawful permanent resident in 2001. We assume the parties familiarity with the procedural history
of this case. In our decision dated January 24, 2014, we found that the respondent's conviction
for recklessly endangering another person, in violation of 18 Pa. Cons. Stat. Ann. 2705, was a
crime involving moral turpitude. The respondent was therefore found removable from the United
States. In its motion before the court of appeals, the govermnent requested that the Board
reconsider our decision in light of the intervening precedent in Mahn

v.

U.S. Atty Gen., 767 F.3d

In Mahn, the court of appeals determined that a conviction under


170 (3d Cir. 2014).
Pennsylvania's reckless endangerment statute was not a conviction for a crime involving moral
turpitude because the least culpable conduct under the statute was not morally turpitudinous. In
light of this precedent, the respondent is not removable as charged. As there are no other
outstanding issues, we will order the respondent's removal proceedings to be terminated.
ORDER:

The respondent's removal proceedings are terminated.

Cite as: Rodrigo Vasquez-Lopez, A048 138 084 (BIA March 10, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS