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)

597.5(a) is a CIMT. See dog-fighting case cited at PC 597. But see advice for (a)(3).

See Advice for 597.5(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.1The Board held that causing animals to suffer and die for entertainment by sponsoring or participating in dog fighting, in violation of 7 USC § 2156(a)(1), is categorically a CIMT. It noted that Congress in addition has criminalized being a spectator at a dog fight, under § 2156(a)(2), but declined to address whether that 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.

2020-05-19T19:10:41+00:00Updated January 29th, 2020|