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29 I. & N. Dec. 1 (2025)

handle is hein.usfed/adin0029 and id is 1 raw text is: Cite as 29 I&N Dec. 1 (BIA 2025) Matter of Carlos Manuel BAEZA-GALINDO, Respondent Decided January 31, 2025 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) Proximity in time is necessary but not sufficient to conclude that two crimes arise from a single scheme of criminal misconduct under section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii) (2018). Matter ofAdetiba, 20 I&N Dec. 506, 509 (BIA 1992), clarified. (2) Two crimes involving moral turpitude, premised on separate turpitudinous acts with different objectives, neither of which was committed in the course of accomplishing the other, constitute separate schemes of criminal misconduct. FOR THE RESPONDENT: Stephen W. Spurgin, Esquire, El Paso, Texas FOR THE DEPARTMENT OF HOMELAND SECURITY: Jennifer A. Cordova, Assistant Chief Counsel BEFORE: Board Panel: GOODWIN, PETTY, and CLARK, Appellate Immigration Judges. PETTY, Appellate Immigration Judge: While driving under the influence of alcohol, the respondent struck a group of pedestrians with his truck, killing one of them and injuring the other three. He then drove away. The respondent was convicted of aggravated assault with a deadly weapon and of failing to stop and render aid. The Immigration Judge terminated proceedings, concluding that while the respondent had been convicted of two crimes involving moral turpitude, they arose out of a single scheme of criminal misconduct. We reverse. I. BACKGROUND The underlying facts are not in dispute. The respondent is a native and citizen of Mexico who was admitted to the United States as a lawful permanent resident in 1989. On July 23, 2008, while driving his pickup truck while intoxicated, he struck and killed a 22-year-old woman and injured her 26-year-old sister-in-law, her 8-month-old son, and her sister-in-law's 9-month-old daughter as they were walking home from a park in Midland, Texas. The victim's son had to be airlifted to Lubbock to receive emergency medical treatment for a lacerated liver. The sister-in-law and her daughter 1 Interim Decision 44085

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