Kykhosro Notash v. Alberto R. Gonzales, Attorney General

Kykhosro Notash, a native and citizen of Iran, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), affirming without opinion the decision of the Immigration Judge (“IJ”). The IJ concluded that Notash’s conviction for attempted entry of goods by means of a false statement, in violation of 18 U.S.C. § 542 , constituted a crime of moral turpitude for purposes of Immigration and Nationality Act (“INA”) § 237(a)(2)(A)(i), 8 U.S.C. § 1227 (a)(2)(A)(i). The IJ consequently found Notash removable, but granted voluntary departure in lieu of removal pursuant to INA § 240B, 8 U.S.C. § 1229c. For the reasons explained below, we grant the petition.

BACKGROUND

Notash was admitted to the United States in October 1997. The Notice to Appear charged that Notash committed the offense of attempted entry of goods by means of a false statement, in violation of 18 U.S.C. § 542 . Notash conceded the conviction. His sole contention is that the conviction was not for a crime involving moral turpitude; therefore, that the conviction did not render him deportable pursuant to INA § 237(a)(2)(A)(i), 8 U.S.C. § 1227 (a)(2)(A)(i).

At his hearing before the IJ, Notash explained…