Case: 15-60067 Document: 00513492473 Page: 1 Date Filed: 05/04/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-60067 United States Court of Appeals
Fifth Circuit
FILED
OMAR ALBERTO HERNANDEZ, May 4, 2016
Lyle W. Cayce
Petitioner, Clerk
v.
LORETTA LYNCH, U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
Before HIGGINBOTHAM, PRADO, and GRAVES, Circuit Judges.
PER CURIAM:
Petitioner Omar Alberto Hernandez, a citizen of Mexico, was determined
ineligible for cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(1)(C)
after an immigration judge concluded that his conviction for deadly conduct
under Texas Penal Code § 22.05(a) was categorically a crime involving moral
turpitude (“CIMT”). Petitioner appealed to the Board of Immigration Appeals
(“BIA”), which applied the “realistic probability” approach to hold that deadly
conduct was categorically a CIMT and dismissed the appeal. 1 For the reasons
explained in Mercado v. Lynch, 14-60539, slip op. at 3-5 (5th Cir. May 4, 2016),
1 Matter of Hernandez, 26 I. & N. Dec. 464 (BIA 2015).
Case: 15-60067 Document: 00513492473 Page: 2 Date Filed: 05/04/2016
No. 15-60067
we hold that the BIA applied the incorrect standard in analyzing whether
Petitioner’s conviction constitutes a CIMT. We reverse and remand for the BIA
to analyze Petitioner’s convictions under the minimum reading approach.
2