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Media Alerts - Gelin v. U.S. Attorney General - 11th Circuit
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September 29, 2016
  Gelin v. U.S. Attorney General - 11th Circuit
Headline: Eleventh Circuit holds that a conviction for abuse of an elderly person or disabled adult under Fla. Stat. § 825.102(1) is a crime involving moral turpitude, making an alien ineligible for relief from removal under 8 U.S.C. § 1229b(b)(1)(C).

Area of Law: Immigration, Criminal

Issue: Whether a conviction for abuse of an elderly person or disabled adult under Florida Statute § 825.102(1) is a crime involving moral turpitude, making an alien ineligible for relief from removal.

Extended Summary: On January 22, 2014, an immigration judge ordered Jean Bernard Gelin ("Gelin"), a native and citizen of Haiti, be removed from the United States based upon his conviction of the crime of abuse of an elderly person or disabled adult, in violation of Fla. Stat. § 825.102(1). The IJ also found that the conviction was a crime involving moral turpitude. The Board of Immigration Appeals affirmed the order of removal. In a case of first impression, the Eleventh Circuit found that the abuse of an elderly person or disabled adult, in violation of § 825.102, is a crime involving moral turpitude. In making this determination, the court noted the culpable state of mind required by the statute and the particularly vulnerable nature of the victims. The court also rejected Gelin's argument that § 825.102 was unconstitutionally void for vagueness. Judge Martin dissented, finding that a person could be convicted under the statute without committing a crime involving moral turpitude.

To view the full opinion: http://media.ca11.uscourts.gov...b/files/201512497.pdf

Panel: Hull and Martin, Circuit Judges, and Wright (United States District Judge for the Eastern District of Arkansas, sitting by designation).

Argument: September 14, 2016

Date of Issued Opinion: September 22, 2016

Docket Number: 15-12497

Decided: Petition Dismissed

Case Alert Author: Martha Ferral and Marina Gonzalez

Counsel:
Michael S. Vastine for Petitioner Jean Bernard Gelin
Stefanie N. Hennes for Respondent U.S. Attorney General

Author of Opinion: Hull, Circuit Judge

    Posted By: Gary Kravitz @ 09/29/2016 05:06 PM     11th Circuit  

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