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:





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

Description:
New York, New York administrative law lawyer represented Plaintiff seeking review of the denial of an order of removal.



Petitioner Jung Hee Jang, a native and citizen of South Korea, seeks review of a

Board of Immigration Appeals ("BIA”) 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 ("CIMT”) under the Immigration and Nationality Act ("INA” or "the Act”),

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)”). 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.
Outcome:
For the foregoing reasons, the petition for review is GRANTED. The case is

REMANDED to the agency for further consideration of Jang’s application.
Plaintiff's Experts:
Defendant's Experts:
Comments:

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.