PC 597.5

PC 597.5

Offense

Participating in or being a spectator at dog fights

Aggravated Felony (AF)

See PC 597

Crime Involving Moral Turpitude (CIMT)

Assume 597.5(a)(1) is a CIMT, because BIA and 9th Cir. held similar federal offense is CIMT.1See Matter of Ortega Lopez, 27 I&N Dec 382 (BIA 2018); Ortega-Lopez v. Barr, 978 F.3d 680, 681 (9th Cir. 2020) (BIA held commercial dog fighting in violation of 7 USC 2156(a)(1), causing animals to suffer and die for entertainment, is a CIMT; Ninth Circuit deferred).

See advice for (a)(3), (b).

Other Removal Grounds

See PC 597.

Advice and Comments

CIMT. 597.5(a)(3), permitting, in a place under one’s control, either dog fighting or another person owning a dog who intends to fight it, will be charged as a CIMT, but imm advocates can explore arguments that this requires less intent or has the goal of preventing a nuisance.

PC 597.5(b) prohibits being a spectator at a dog fight. In 2018 the BIA noted that it has not yet addressed whether that conduct is a CIMT.2In Matter of Ortega Lopez, supra, the BIA declined to address whether being a spectator at a dog fight, under § 2156(a)(2), also is a CIMT. Matter of Ortega Lopez, 27 I&N Dec 382, 389-98 (BIA 2018). It noted that dogfighting “desensitizes spectators to brutality and violence and teaches ‘that inflicting pain is an acceptable form of amusement.’” Id. at 388.

2021-05-18T17:59:54+00:00Updated May 18th, 2021|