Francisco-Lopez v. Attorney General

Petitioner was granted lawful permanent resident status in 1989 and pled guilty to larceny in New York in 2012. In 2018, he was charged with a removable offense, as the larceny charge was a crime involving moral turpitude under the Bureau of Immigration Appeals’ 2016 ruling in Matter of Diaz-Lizarraga, 26 I. & N. Dec. 847 (B.I.A. 2016). In the instant matter, the BIA determined that its holding in Diaz-Lizarraga — which enlarged the scope of CIMT — should apply retroactively. The 3rd Circuit disagreed and held that, under SCOTUS’s guidance in SEC v. Chehery Corp., 332 U.S. 194 (1947), the BIA’s ruling could not apply retroactively.

Francisco-Lopez-v.-AG