I filed a Motion To Terminate deportation proceeding on the grounds that my conviction(2nd deg. reckless endangerment, a misde..

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I filed a Motion To Terminate deportation proceeding on the grounds that my conviction(2nd deg. reckless endangerment, a misde..

Anonymous Mar 30, 2017 Business 4 views 4 answers

The motion argues that Reckless Endangerment in the second degree in NYS is not a crime involving moral turpitude. Now, the reason why I filed this motion is because I came across a case(unprecedented) where the BIA concluded that it was not a crime involving moral turpitude. However, I did not cite that case. My question is the fact that it is an unprecedented decision by the BIA, what are my chances of getting the preceding terminated? and if it doesn't get terminated by the immigration judge and I appeal to the BIA, will they most likely overturn that decision?

Mitchell Nathanson · Accepted Answer · 2026-06-15T17:54:59+00:00

Mitchell Nathanson

Mitchell Nathanson · Jun 15, 2026

I have re-categorized as immigration.

0 upvotes

Attilio Doro · Accepted Answer · 2026-06-15T17:54:59+00:00

Attilio Doro

Attilio Doro · Jun 15, 2026

I have changed the category to immigration so that you get better responses.

0 upvotes

Terry Horner · Accepted Answer · 2026-06-15T17:54:59+00:00

What does "unprecedented" mean in this context? Do you mean not cited in any other case? Do you mean it was the first/only case to so hold? "Unprecedented" is not a term we lawyers often use. If you had a case why didn't you cite it?

Benjamin Simpson · Accepted Answer · 2026-06-15T17:54:59+00:00

I think what you mean is that in was an Unpublished BIA decision so the Immigration Judge in your case does not have to treat it as direct binding authority. It can still be very persuasive and even decisive though and should be cited in a motion to terminate. Are you representing yourself? This is highly unadvisable especially if you have issues of this depth and importance concerning whether you are even removable. You need experienced removal counsel on your case writing, reviewing and submitting these motions on your behalf.

I filed a Motion To Terminate deportation proceeding on the grounds that my conviction(2nd deg. reckless endangerment, a misde..

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