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Matter of O.A. Hernandez

The Board held that a conviction for recklessly engaging in deadly conduct in violation of section 22.05(a) of the Texas Penal Code is categorically a crime involving moral turpitude.  Section 22.05(a) provides, "A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury."  Recklessness for this purpose means the offender is "aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.”  The Board held that this conscious disregard to a substantial and unjustifiable risk of serious bodily injury to another always involves a base act that constitutes a crime involving moral turpitude.  It found the offense indistinguishable from the reckless endangerment offense in Matter of Leal, 26 I&N Dec. 20 (BIA 2012), which held that “recklessly endangering another person with a substantial risk of imminent death” is always a crime involving moral turpitude.

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