Category I: Offenses Substantially Equivalent to Civilian Common Law B. Categorizing UCMJ Offenses for Purposes of Determining if They Qualify as CIMTs Under the INA A. CIMT case law in the military justice system 2.
The Moral Sense of the American Military Community Can Be Gauged by Long Standing Military Case Law 1. The American Military Community is a Discrete And Well-Defined Community D. The Board's decision is not worthy of deference by the courts C. Because the Board erroneously presumed what the sole purpose was behind the maximum penalty for desertion, it failed to properly determine if this PMO is a CIMT 6. The Board failed to properly consider the severity of the maximum penalty for desertion when determining if this PMO is a CIMT 5. The Board failed to recognize that it must construct a new CIMT analysis tailored to PMOs because the traditional CIMT analysis is inapplicable 4. The Board erred in claiming that no case law existed finding that desertion is a CIMT 3. The Board's decision is unduly restrictive, violative of Congressional intent, and out of date 2.
BPD_JohnTyler_Winslow.jpg "burglary of a conveyance a crime involving moral turpitude")
The Traditional Proxies Used to Determine What is Reprehensible is Unworkable for Purely Military Offenses 1. The Case Law is Sparse as to Whether a Military Offense Constitutes a CIMT Under the INA B. Review of Military Offenses and Whether They Qualify as Crimes Involving Moral Turpitude Under the INA A. Overview of the Substantive CIMT Law Under the Immigration and Nationality Act III.
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