O'Melveny's 2018-2019 Pro Bono Review

O’MELVENY PRO BONO PROGRAM REVIEW 2018- 2019 14 Redefining Grounds for Deportation In October 2011, the Department of Homeland Security sought to remove Ihar Sotnikau, a legal permanent resident from Belarus, because his conviction in Virginia on charges of involuntary manslaughter was a crime involving “moral turpitude” and thus constituted grounds for removal. Represented by an O’Melveny team, Mr. Sotnikau sought deferral of removal, but the Board of Immigration Appeals (BIA) agreed with DHS. On appeal, O’Melveny lawyers argued on Mr. Sotnikau’s behalf that his offense did not categorically involve moral turpitude because the state statute punished both reckless and negligent conduct, and negligent conduct is not classified as a crime of moral turpitude. The government effectively conceded that the BIA’s analysis was wrong, but moved to have the case remanded to the BIA. The US argued that a new test should be fashioned for determining when a crime involves moral turpitude and when it does not, and then applied it in this case. Mr. Sotnikau opposed the remand motion and, although government remand motions are often granted as a matter of course, the Fourth Circuit denied the motion. After oral argument and five Immigrants’ Rights O’Melveny represents immigrants and refugees from around the world, many of whom have risked their lives to seek sanctuary in the United States. The firm handles asylum claims, represents those fleeing abuse, and helps reunite families who have been separated by trauma and circumstance. years of litigation, the Fourth Circuit held that “involuntary manslaughter under Virginia law does not categorically constitute a crime involving moral turpitude because a conviction thereof can be predicated on mere criminal negligence.” The court’s decision—which will have effects throughout the Fourth Circuit—makes clear that almost any crime committed with negligence (a failure to be aware of the risks of one’s conduct) is not a crime involving moral turpitude. The decision will also help put a halt to the Office of Immigration Litigation’s recent practice of attempting to evade judicial review of erroneous BIA decisions by asking the federal courts of appeals for remand. Winning Asylum for Victims of Torture Raul Barajas-Romero came to the US legally when he was a child, but he never became a naturalized citizen. After being convicted First, Listen. In partnership with the firm’s corporate clients, O’Melveny helped immigrants with naturalization applications.