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In re Tobar-Lobo

3 Analyses of this admin-law by attorneys

  1. 7th Circuit: BIA must use Silva-Treviño analysis; can’t rely on categorical approach alone

    University of Denver Sturm College of LawDecember 9, 2010

    On appeal Mata-Guerrero argues that failure to register as a sex offender under Wisconsin law does not constitute a CIMT.The BIA relied on a precedential decision issued before Silva-Treviño under which it held that failure to register as a sex offender under California law was a CIMT. Mata-Guerrero v. Holder, No. 10-1664, slip op. at 5 (discussing Matter of Tobar-Lobo, 24 I&N Dec. 143 (2007)). “Relying on that case, the Board concluded that Mata-Guerrero’s conviction for failure to register was a crime of moral turpitude and therefore that Mata-Guerrero was ineligible for a section 212(c) waiver, even though Wisconsin Statute § 301.45(2)(a) contains no element of intent or even knowledge.”

  2. 3 Cir: MN sex offender registration not CIMT; adjustment doesn’t reset admission date

    University of Denver Sturm College of LawJanuary 19, 2012

    The immigration judge determined that the failure to register conviction involves moral turpitude. In reaching this conclusion, the IJ “relied on the BIA’s decision in In re Tobar-Lobo, 24 I&N Dec. 143 (BIA 2007), whereby it concluded that failure to register as a sex offender in violation of California’s sex offender registration act was a crime involving moral turpitude.” Totimeh, Nos. 10-3939 & 11-1998, slip op. at 5.

  3. 9 Cir: Does failure to register involve moral turpitude?

    University of Denver Sturm College of LawJune 2, 2011

    Some background is appropriate. In a 2007 decision, Matter of Tobar-Lobo, 24 I&N Dec. 143 (BIA 2007), the Board held that California’s failure to register as a sex offender offense, Cal. Penal Code § 290(g)(1), categorically constitutes a CIMT. Pannu was convicted under the same provision.