In re Castillo-Perez

1 Analyses of this admin-law by attorneys

  1. New Policy Guidance on Good Moral Character Determinations

    Mintz - Immigration ViewpointsLindsey SteinbergJanuary 11, 2020

    This first alert incorporated a recent decision issued by the U.S. Attorney General. The case Matter of Castillo-Perez 27 I&N Dec. 664 (A.G. 2019) held that evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f).It is possible for this presumption to be overcome if the applicant is able to provide “substantial relevant and credible contrary evidence” that he or she “had good moral character” during the time when the offenses were committed. However, an individual’s efforts to reform or rehabilitate himself or herself after multiple DUI convictions do not, by themselves, demonstrate GMC during the period that includes the convictions.