In making this claim, Hernandez could rely on the BIA’s conclusion in earlier cases. In Matter of Solon, 24 I&N Dec. 239, 242 (BIA 2007), the BIA ruled that “as the level of conscious behavior decreases, i.e., from intentional to reckless conduct, more serious resulting harm is required in order to find that the crime involves moral turpitude” (emphasis added). However, the BIA disagreed with this argument by emphasizing the seriousness of the possible harm prohibited by the Texas statute.