PC 597(a), (b)

PC 597(a), (b)

Offense

Torturing, abusing, animals (a)

Severely neglecting animals (b)

Aggravated Felony (AF)

Appears not to be a COV. See Advice

Crime Involving Moral Turpitude (CIMT)

Assume 597(a) is a CIMT. The BIA held that a federal dog-fighting offense is a CIMT.1See Matter of Ortega Lopez, 27 I&N Dec 382 (BIA 2018) The Board held that causing animals to suffer and die for entertainment, in violation of a federal dog-fighting law, is a CIMT.

Because (b) can involve gross negligence arguably it is not a CIMT. See Advice.

Other Removal Grounds

No other removal ground.

In unpublished decision, Ninth Cir upheld BIA finding that applicant’s 597(a) conviction was of a “particularly serious crime” and thus a bar to asylum, withholding.2See Madrid v. Holder, C.A.92013, 541 Fed.Appx. 789, 2013 WL 5530009.

Advice and Comments

COV. 18 USC 16(a) includes force against “person or property of another” but not one’s own property. PC 597(a) should not be found divisible between animals that are one’s own versus another’s property, and (b) involves neglect rather than recklessness.

CIMT: Re 597(b), BIA states that reckless-ness is a CIMT when it is defined as a conscious disregard of known imminent risk of death or severe injury of a person. See PC 23103 discussion. Because 597(b) can involve gross negligence, a less serious form of recklessness, arguably it is not a CIMT.

2020-05-19T19:10:11+00:00Updated January 29th, 2020|