JEISSON HUMBERTO URIBE v. JEFFERSON B. SESSIONS III
US Court of Appeals for the Fourth Circuit, Keenan, May 3, 2017,
Deportation – Maryland third degree burglary qualifies as a deportable crime of “moral turpitude” under 8 USC 1227

Facts: Uribe is a native of Columbia who immigrated to the United States. He was convicted in Maryland of theft in 2011 and 3rd-degree burglary in 2013. The Department of Homeland Security then notified Uribe that he was subject to deportation and the Board of Immigration Appeals agreed.
Uribe then appealed, claiming that 3rd degree burglary was not a crime of “moral turpitude” because it can be done by trick instead of requiring forced entry and can be done to a vacant dwelling.

Law:
Held: The 4th Circuit disagreed. The Court held that breaking into a house by trick isn’t any more moral than breaking in by force. And that breaking in to an unoccupied house is still immoral because it infringes on the owner’s right of habitation.

Deportation- Moral Turpitude- Under 8 USC 1227(a)(2)(A)(ii), any alien convicted of two or more separate crimes of moral turpitude is deportable.

Moral Turpitude – The term “moral turpitude” refers to behavior “that shocks the public conscience as being inherently base, vile, or depraved.”

Burglary- 3rd Degree- A person may not break and enter the dwelling of another with the intent to commit a crime

Burglary – Breaking and Entering (Physical)- Breaking and entering requires that something be moved in order to gain entry into a structure. For example: pushing open a closed door or sliding open a window.

Burglary – Breaking and Entering (Constructive)- Breaking and Entering can also be done by trick, fraud, conspiracy, or threat. For example: dressing up as a BG&E repair man and tricking someone into letting you inside.

Burglary – Dwelling – A structure that is suitable for people to live within, even if nobody is presently living there