AAO 212(h) CIMT Victory: Matter of A-A-N-V-

Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016)- "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§ 810.02(1). The record further reflects that on . 1997, the Applicant was convicted in the Nineteenth Judicial Circuit Court, Florida, of Grand Theft in violation of Fla. Stat. § 812.014(2)(C)(6), a third degree felony, and Grand Theft Auto, in violation of Fla. Stat. § 812.014(2)(C)(1), also third degree felony. At the same time the Applicant was also convicted of Burglary of Structure in violation of Fla. Stat. § 810.02, a third degree felony, and of Possession of Burglary Tools, in violation of Fla. Stat.§ 810.06, a third degree felony. ... As the offense defined by Fla. Stat. § 812.014 is neither a categorical crime involving moral turpitude nor divisible as defined in Descamps, we find that the Applicant is not inadmissible under section 212(a)(2)(A)(i)(I) of the Act for his theft  convictions. ... As the modified categorical approach is unavailable, we are unable to determine that the Applicant's convictions under Fla. Stat. § 810.02 involved moral turpitude. Accordingly, we find that the Applicant is not inadmissible under section 212(a)(2)(A)(i)(I) of the Act for his burglary convictions. ... we find that the Applicant is not inadmissible under section 212(a)(2)(A)(i)(I) of the Act for his conviction for possession of burglary tools. The record does not demonstrate that the Applicant is inadmissible under section 212(a)(2)(A)(i)(I) of the Act, and the Form I-601 is therefore moot. As the Form I-601 is moot, the appeal will be dismissed as unnecessary, and the matter will be remanded for further proceedings consistent with this opinion. ORDER: The appeal is dismissed. The matter is remanded to the Director, Miami Field Office, for further proceedings consistent with the foregoing opinion."  [Hats off to Ysabel M. Hernandez!]