26 moral turpitude" or of an "aggravated felony," the offenses defined by New York's driving while intoxicated statute do not fall within either of those categories. See Ruiz- Lopez v. Holder, 682 F .3d 513, 519 (6th Cir. 2012) (the Board of Immigration Appeals has determined that a simple driving under the influence offense is not a crime involving moral turpitude); Marmolf!Jo-Campos v. Holder, 558 F.3d 903, 913 (9th Cir. 2009) ("The BIA [Board of Immigration Appeals] has never held that a simple [driving under the influence] offense is a crime involving moral tmpitude, a fact it attributes to 'a long historical acceptance"' [quoting In re Lopez-Meza, 22 I. & N. Dec. 1188,1194 (B.I.A. 1999)]);Murillo-Salmeron v. I.N.S., 327 F.3d 898,902 (9th Cir. 2003) ("The BIA has unequivocally determined, however, that simple DUI convictions, even if repeated, are not crimes of moral turpitude"); see also Leocal v. Ashcrrift, 543 U.S. 1 (2004) (conviction for driving under the influence of alcohol and causing serious bodily injury in an accident was not an aggravated felony for deportation purposes because it was not an intentional crime); Dalton v. Ashcroft, 257 F.3d 200, 208 (2d Cir. 2001) (New York V.T.L. § 1192[3] does not constitute an aggravated felony for deportation purposes). The fact that, as in this case, a conviction does not have deportation ramifications is a critical factor for an intermediate appellate court to consider in deciding whether to dismiss an appeal.

v. Kiang, 175 F. Supp. 2d 942 (E.D. Mich. 2001); Wyngaard v. Rogers, 187 F. Supp. 527 (D.D.C. 1960); Petition of Moy Wing Yin, 167 F. Supp. 828 (D.N.Y. 1958); Matter of Tobar-Lobo, 24 I. & N. Dec. 143 (B.I.A. 2007); Matter of Solon, 24 I. & N. Dec. 239 (B.LA. 2007); Matter of Ajami, 22 I. & N. Dec. 949 (B.I.A. 1999); Matter of Lopez- Meza, 22 I. & N. Dec. 1188 (B.I.A. 1999); Matter of Bart, 20 I. & N. Dec. 436 (B.I.A. 1992); Matter of Wojtkow, 18 I. & N. Dec. 111 (B.I.A. 1981); Matter of Pataki, 15 I. & N. Dec. 324 (B.I.A. 1975); Matter of Goodalle, 12 I. & N. Dec. 106 (B.I.A. 1967); Matter of Nodahl, 12 I. & N. Dec. 338 (B.I.A. 1967); Matter of Alfonso-Bermudez, 12 I. & N. Dec. 225 (B.I.A. 1967); Matter of Mueller, 111. & N. Dec. 268 (B.I.A. 1965); Matter of S, 8 I. & N. Dec. 344 (B.I.A. 1959); Matter of LR, 7 I. & N. Dec. 318 (B.I.A. 1956); Matter of DG, 6 I. & N. Dec. 488 (B.I.A. 1955); Matter of RP, 4 I. & N. Dec. 607 (B.I.A. 1952); Matter of B, 4 I. & N. Dec. 297 (B.I.A. 1951); Matter of R, 4 I. & N. Dec. 192 (B.I.A. 1950); Matter of A, 3 1.