James C. Tai, Attorney at Law

     Recent immigration court rulings have held that Fla. Stat. 812.014(2)(c)(1) [grand theft] (petty theft included) is not a crime involving moral turpitude (CIMT), if the record of conviction (modified categorical approach) can not establish whether Respondent was convicted for temporary or permanent deprivation and appropriation. Further, retail theft (shoplifting) under Fla. Stat. 812.014 is not a CIMT and that Matter of Jurado-Degado 24 I&N Dec. 29, 33 (BIA 2006) is not applicable to the Florida statute. 

 If the respondent is only removable/inadmissible for the Fla. theft offense, termination of the case may be appropriate. 

      Further, these Fla. theft charges should not trigger stop-time rule for cancellation of removal purposes, and may not constitute aggravated felonies (even if 1 year of imprisonment). 

    See attached file for sample motion to terminate. 

Case Type: USCIS (Citizenship Denial) (N-336)
Country: Vietnam

P arrived in te U.S. and received his greencard around the year 1986. In about 2008, P applied for his citizenship on his N-600, he failed to disclose that he was once convicted of domestic violence. After the int ital interview, P's N-600 was denied on the basis of not having "good moral character". Our law firm sought a review on the decision and accompanied P for his second interview. After explaining in detail to the USCIS officer, of P's criminal history, his rehabilitation and his good moral character, P was granted U.S. citizenship.