In the Matter of Kinney

1 Analyses of this admin-law by attorneys

  1. 9th Circuit: Cal. credit card fraud involves moral turpitude

    University of Denver Sturm College of LawMarch 18, 2010

    In reaching this conclusion Noonan explicitly disagreed with the BIA’s holding in Matter of Kinney that an intent to have someone rely on a false statement is not necessary enough to constitute a CIMT because “one who intends that there be reliance upon his false statement may nevertheless also intend to pay for the goods he is attempting to obtain.” Tijani, No. 05-70195, slip op. at 4076 (quoting Matter of Kinney, 10 I&N Dec. 548 (1964) (concerning a Connecticut statute)).Despite having concluded that credit card fraud under Cal. Penal Code § 532a(1) categorically constitutes a CIMT, Noonan nonetheless analyzed the conviction under a modified categorical approach. Tijani, No. 05-70195, slip op. at 4077.