U.S. Court of Appeals for the Eleventh Circuit, 2009

Kristina Zorba Remon v. U.S. Attorney General

Kristina Zorba Remon v. U.S. Attorney General
U.S. Court of Appeals for the Eleventh Circuit · Decided April 24, 2009 · Birch, Dubina, Per Curiam, Wilson
324 F. App'x 828

Kristina Zorba Remon v. U.S. Attorney General

Opinion

PER CURIAM:

Petitioner, Kristina Zorba Remon (“Re-mon”), petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the immigration judge’s (“IJ”) order of removal because it found that petitioner committed a crime involving moral turpitude. See Immigration and Nationali *829 ty Act § 212(a)(2)(A)(i)(I), 8 U.S.C. § 1182(a)(2)(A)(i)(I).

After reviewing the record, reading the parties’ briefs, and having the benefit of oral argument, we grant the petition for review, vacate the removal order and remand this case to the BIA for further consideration. We conclude that the BIA erred in going beyond the record of conviction to create a presumption of intent in order to conclude that Remon’s crime was one involving moral turpitude that subjected her to removability.

PETITION GRANTED. 1

1

. The pending motion to dismiss for lack of jurisdiction is DENIED.

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