Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Jung Hee Jang, AKA Jung H. Jang, AKA Junghee Jang
Date: 08-01-2022
Case Number: 19-4289
Judge: Carney
Court: United States Court of Appeals for the Second Circuit on appeal from the Board of Immigration Appeals (Manhattan County)
Plaintiff's Attorney:
Defendant's Attorney: Ethan P. Davis, Acting Assistant Attorney General, Shelley R.
Goad, Assistant Director; Tim Ramnitz, Attorney,
Office of Immigration Litigation, United States
Department of Justice, Washington, DC
Petitioner Jung Hee Jang, a native and citizen of South Korea, seeks review of a
Board of Immigration Appeals ("BIAâ€) decision finding her ineligible for cancellation of
removal because of her 2014 New York conviction for attempted second-degree money
laundering under N.Y. Penal Law §§ 110 and 470.15(1)(b)(ii)(A) (McKinney 2009). In re
Jung Hee Jang, No. A206 -223-573 (B.I.A. Nov. 20, 2019), aff'g No. A206-223-573 (Immig.
Ct. N.Y.C. Apr. 19, 2018). The agency deemed her offense a crime involving moral
turpitude ("CIMTâ€) under the Immigration and Nationality Act ("INA†or "the Actâ€),
8 U.S.C. § 1182(a)(2)(A)(i)(I); see also 8 U.S.C. § 1229b(b)(1)(C) (permitting Attorney
General to cancel removal of noncitizen only when noncitizen "has not been convicted
of an offense under section 1182(a)(2)â€). On review, we agree with Jang that her offense
of conviction lacks the scienter required to qualify as a CIMT. We therefore GRANT her
petition for review and REMAND the case to the agency for further consideration.
* * *
Jang entered the United States without inspection in 1995. She is now a single
parent and the sole provider for her U.S.-citizen daughter. In 2014, she pleaded guilty
under a plea agreement to attempted money laundering in the second degree under
N.Y. Penal Law §§ 110 and 470.15(1)(b)(ii)(A).2 The agreement provided that she would
receive a sentence of "time served.†J. App'x 310. Days later, the Department of
Homeland Security served Jang with a Notice to Appear, charging her as removable for
having entered the United States without inspection. Jang did not contest removability.
REMANDED to the agency for further consideration of Jang’s application.
About This Case
What was the outcome of Jung Hee Jang, AKA Jung H. Jang, AKA Junghee Jang?
The outcome was: For the foregoing reasons, the petition for review is GRANTED. The case is REMANDED to the agency for further consideration of Jang’s application.
Which court heard Jung Hee Jang, AKA Jung H. Jang, AKA Junghee Jang?
This case was heard in United States Court of Appeals for the Second Circuit on appeal from the Board of Immigration Appeals (Manhattan County), NY. The presiding judge was Carney.
Who were the attorneys in Jung Hee Jang, AKA Jung H. Jang, AKA Junghee Jang?
Plaintiff's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan Click Here For The Best New York Immigration Lawyer Directory If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer for free.. Defendant's attorney: Ethan P. Davis, Acting Assistant Attorney General, Shelley R. Goad, Assistant Director; Tim Ramnitz, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC.
When was Jung Hee Jang, AKA Jung H. Jang, AKA Junghee Jang decided?
This case was decided on August 1, 2022.