Kristina Zorba Remon v. U.S. Attorney General

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 08-13371 APRIL 24, 2009
THOMAS K. KAHN
CLERK
Agency No. A78-187-617
KRISTINA ZORBA REMON,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of a Final Decision of the
Board of Immigration Appeals
(April 24, 2009)
Before BIRCH, DUBINA and WILSON, Circuit Judges.
PER CURIAM:
Petitioner, Kristina Zorba Remon (“Remon”), 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 Nationality 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.
2