Gonzalez-Carrillo

MEMORANDUM *

Ruben Gonzalez-Carillo (“Gonzalez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming the immigration judge’s (“IJ”) determination that he was removable for committing a crime involving moral turpitude and denial of his application for an INA § 212(c) waiver of deportation. Gonzalez was convicted under Oregon Revised Statute (“ORS”) section 163.125 for manslaughter in the second degree for recklessly causing the death of another, and under ORS section 813.010 for driving under the influence. Gonzalez challenges the determination that manslaughter in the second degree is a crime involving moral turpitude as well as the denial of discretionary relief. We conclude that we have jurisdiction, grant the petition, and as the parties requested at argument, we remand to the BIA for further proceedings so that it may determine whether Gonzalez was convicted of a crime involving moral turpitude.

The Government argues that we lack jurisdiction to address Gonzalez’s claim that second-degree manslaughter is not a crime involving moral turpitude because Gonzalez allegedly failed to raise adequately the…