Emmanuel Mahn v. United States Attorney Gen., 767 F.3d 170 (3rd Cir. 2014). · Go Syfert
Emmanuel Mahn v. United States Attorney Gen., 767 F.3d 170 (3rd Cir. 2014). Cases Citing This Book View Copy Cite
“we join our sister circuits in concluding that unpublished, single-member b decisions are not entitled to chevron deference.”
86 citation events (86 in the last 25 years) across 2 distinct courts.
Strongest positive: Christopher Rad v. Attorney General United States (ca3, 2020-12-21) · Strongest negative: Omar Norvil Whylie Lewin v. Attorney General United States (ca3, 2018-03-20)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Omar Norvil Whylie Lewin v. Attorney General United States
3rd Cir. · 2018 · signal: but see · confidence high
But see Knapik v. Ashcroft , 384 F.3d 84 , 88 (3d Cir. 2004) (stating that the BIA's interpretation of "moral turpitude," as well as its determination of whether the underlying criminal statute satisfies that definition, were entitled to Chevron deference); but see also Mahn v. Att'y Gen. , 767 F.3d 170 , 173 (3d Cir. 2014) (citing Knapik and noting that "[w]hile we do not defer to the BIA's parsing of the elements of the underlying crime, we generally accord deference to the BIA's determination that a certain crime involves moral turpitude when that determination is reasonable[,]" but conclud…
discussed Cited as authority (verbatim quote) Christopher Rad v. Attorney General United States
3rd Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
we join our sister circuits in concluding that unpublished, single-member b decisions are not entitled to chevron deference.
cited Cited as authority (rule) Yessica Molina-Ramirez v. Attorney General United States
3rd Cir. · 2023 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Patrick King v. Attorney General United States (2×)
3rd Cir. · 2022 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Vamsidhar Vurimindi v. Attorney General United States
3rd Cir. · 2022 · confidence medium
But we do not afford deference to its categorical approach determination or its “parsing of the elements of the underlying [state] crime,” Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014), because that analysis is based on interpretation of state law, see Salmoran v. Att’y Gen., 909 F.3d 73 , 77–78 (3d Cir. 2018).
examined Cited as authority (rule) Louis Ovando v. Attorney General United States (4×) also: Cited "see"
3rd Cir. · 2022 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Richard McKoy v. Attorney General United States
3rd Cir. · 2021 · confidence medium
Instead, those issues of statutory interpretation, along with other questions of law, will be reviewed de novo.” Gourzong v. 4 Att’y Gen., 826 F.3d 132, 136 (3d Cir. 2016) (citing Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014) (internal citations omitted)).
discussed Cited as authority (rule) Victor Sasay v. Attorney General United States
3rd Cir. · 2021 · confidence medium
DISCUSSION “A noncitizen is removable from the United States if he has been ‘convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct.’”15 Sasay concedes that his conviction under Virginia law qualifies but argues that his conviction under 18 U.S.C. § 1028A(a)(1) does not. 11 Hernandez-Cruz v. Att’y Gen., 764 F.3d 281, 284 (3d Cir. 2014) (quoting Bautista v. Att’y Gen., 744 F.3d 54, 57 (3d Cir. 2014)). 12 Larios v. Att’y Gen., 978 F.3d 62, 67 (3d Cir. 2020) (quoting Mehboob v. Att’y Gen., 549 F.3d 272, 275 (3d Cir. 20…
discussed Cited as authority (rule) Samuel Deemi v. Attorney General United States
3rd Cir. · 2021 · confidence medium
While we ordinarily accord deference to the BIA’s determination of whether a particular offense constitutes a CIMT, “such deference is not required where, as here, ‘we are asked to review an unpublished, non-precedential decision issued by a single BIA member.’” Id. (citing Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014). 12 Moreno, 887 F.3d at 163 . 13 Id. (internal quotation marks omitted). 6 professional or occupational status.” The victim is not required to be in custody to be considered “detained” under this section; it suffices that the victim is subject to rules a…
discussed Cited as authority (rule) Samuel Deemi v. Attorney General United States
3rd Cir. · 2021 · confidence medium
While we ordinarily accord deference to the BIA’s determination of whether a particular offense constitutes a CIMT, “such deference is not required where, as here, ‘we are asked to review an unpublished, non-precedential decision issued by a single BIA member.’” Id. (citing Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014). 12 Moreno, 887 F.3d at 163 . 13 Id. (internal quotation marks omitted). 6 professional or occupational status.” The victim is not required to be in custody to be considered “detained” under this section; it suffices that the victim is subject to rules a…
discussed Cited as authority (rule) Lazaro Larios v. Attorney General United States (2×)
3rd Cir. · 2020 · confidence medium
We do not, however, defer to “the BIA’s parsing of the elements of the underlying [state] crime,” nor do we accord any deference to an opinion—like the one we review today— constituting an “unpublished, non-precedential decision issued by a single BIA member.” Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Amilcar Francisco-Lopez v. Attorney General USA (2×) also: Cited "see, e.g."
3rd Cir. · 2020 · confidence medium
Council, Inc., 467 U.S. 837, 844 (1984).” Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
cited Cited as authority (rule) Elmer Perez-Cobon v. Attorney General United States
3rd Cir. · 2020 · confidence medium
“At most, [such] decisions are persuasive authority.” Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Amilcar Francisco-Lopez v. Attorney General USA (2×) also: Cited "see, e.g."
3rd Cir. · 2020 · confidence medium
Council, Inc., 467 U.S. 837, 844 (1984).” Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Jeydi Herrera-Reyes v. Attorney General United States
3rd Cir. · 2020 · confidence medium
The Agency’s Legal Errors We conclude the IJ and BIA misapplied our precedent in two respects: First, although they purported to consider the incidents “cumulatively,” A.R. 3, 53, in practice they evaluated the threats to Petitioner in isolation and without accounting for the broader campaign of intimidation, harassment, and violence substantiated by the record; second, they treated the absence of physical harm to Petitioner herself as fatal to her claim without acknowledging the significance of violence to Petitioner’s property and close associates. 1 1 While we sometimes accord Chevr…
discussed Cited as authority (rule) Ludimilla Ramos Da Silva v. Attorney General United States
3rd Cir. · 2020 · confidence medium
The government urges us to remand to the BIA so that it may re-interpret the term “connected to.” The government does not concede that the BIA’s construction of the term was improper but rather argues that remand is warranted to permit 13 Xie v. Ashcroft, 359 F.3d 239, 242 (3d Cir. 2004). 14 Abdille v. Ashcroft, 242 F.3d 477, 483 (3d Cir. 2001). 15 Borges v. Gonzales, 402 F.3d 398, 404 (3d Cir. 2005). 16 See Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014). 7 the BIA an opportunity to fully consider the “ambiguous” phrase “connected to.” We decline the government’s invita…
discussed Cited as authority (rule) Konstantin Bugarenko v. Attorney General United States
3rd Cir. · 2020 · confidence medium
He contends the record is not clear whether he was convicted under § 2702(a)(1), a first- degree felony that may be non-turpitudinous, see Mahn v. Attorney General, 767 F.3d 170, 174 (3d Cir. 2014), or § 2702(a)(4), which may be turpitudinous even though a second-degree felony.
cited Cited as authority (rule) Zakaria Sheriff v. Attorney General United States
3rd Cir. · 2019 · confidence medium
“At most, [such] decisions are persuasive authority.” Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Ayub Luziga v. Attorney General United States
3rd Cir. · 2019 · confidence medium
Silva-Rengifo v. Att’y Gen., 473 F.3d 58, 64 (3d Cir. 2007). 8 We owe deference to the BIA only when it acts “in the exercise of congressionally-delegated authority to make rules carrying the force of law,” meaning “unpublished, single- member BIA decisions are not entitled to Chevron deference.” Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014). 11 Withholding of removal, though generally mandatory for those who meet the criteria, is not available to individuals who have been convicted of a “particularly serious crime.” 8 U.S.C. § 1231 (b)(3)(B)(ii); 8 C.F.R. § 1208.16 (d…
cited Cited as authority (rule) Carlos Bastardo-Vale v. Attorney General United States
3rd Cir. · 2019 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014) (citation omitted). 10 § 1158(b)(2)(B).
cited Cited as authority (rule) Luis Castillo-Mejia v. Attorney General United States
3rd Cir. · 2019 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
cited Cited as authority (rule) Edwin Peraza v. Attorney General United States
3rd Cir. · 2019 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
cited Cited as authority (rule) C.A.H. v. Attorney General United States
3rd Cir. · 2019 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014) (citation omitted).
cited Cited as authority (rule) Yony Banegas v. Attorney General United States
3rd Cir. · 2019 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014) (quoting Bautista v. Att’y Gen., 744 F.3d 54, 57 (3d.
discussed Cited as authority (rule) Victor Frutis Salmoran v. Attorney General United States
3rd Cir. · 2018 · confidence medium
We have appellate jurisdiction over final orders of removal under 8 U.S.C. § 1252 (a)(1).6 “Where, as here, the BIA issues a written decision on the merits, we review its decision and not the decision of the IJ.” Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014) (quoting Bautista v. Att’y Gen., 744 F.3d 54, 57 (3d Cir. 2014)). “[W]e review the BIA’s legal determinations de novo, subject to Chevron principles of deference.” Denis v. Att’y Gen., 633 F.3d 201 , 205–06 (3d Cir. 2011).
cited Cited as authority (rule) Victor Shnegelberger v. Attorney General United States
3rd Cir. · 2018 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
cited Cited as authority (rule) David Canas-Flores v. Attorney General United States
3rd Cir. · 2018 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Saliou Bah v. Attorney General United States
3rd Cir. · 2018 · confidence medium
The Attorney General contends that the BIA properly distinguished Luciana, because in this case the IJ had applied the frivolous filing penalty solely on the basis of Bah’s fabricated date of entry—a false statement bearing directly 3 We have jurisdiction over petitions for review of final agency decisions under 8 U.S.C. § 1252 . 4 502 F.3d 273, 280 (3d Cir. 2007). 5 24 I. & N. Dec. 151 (B.I.A. 2007). 6 “We review the BIA’s legal conclusions de novo subject to the principles of deference set forth in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. . . ..” Mahn v. At…
cited Cited as authority (rule) Rosemery Antunez v. Attorney General United States
3rd Cir. · 2018 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Jorge Herrera Fonseca v. Attorney General United States
3rd Cir. · 2018 · confidence medium
Chevron deference is not appropriate, however, when “we are 3 asked to review an unpublished, non-precedential decision issued by a single BIA member.” Mahn v. Attorney Gen., 767 F.3d 170, 173 (3d Cir. 2014).
cited Cited as authority (rule) Mario Murguia-Briseno v. Attorney General United States
3rd Cir. · 2017 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
examined Cited as authority (rule) Carlton Baptiste v. Attorney General United States (3×) also: Cited "see"
3rd Cir. · 2016 · confidence medium
Abdulrahman v. Ashcroft, 330 F.3d 587, 595-96 (3d Cir. 2003). *606 Since the BIA’s determination that the 2009 Conviction was for a CIMT was made in an unpublished, non-precedential decision issued by a single BIA member, we do not accord that determination any deference, and it is *‘[a]t most ... persuasive authority.” Mahn v. Att’y Gen. of the U.S., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Jhonathan Victoria Javier v. Attorney General United States
3rd Cir. · 2016 · confidence medium
As a general rule, a criminal statute is determined to define a crime as categorically involving “moral turpitude only if all of the conduct [the statute] prohibits is turpitudinous.” Partyka, 417 F.3d at 411 (quoting Smalley v. Ashcroft, 354 F.3d 332, 336 (5th Cir.2003)). “[T]he hallmark of moral turpitude is a reprehensible act committed with an appreciable level of consciousness or deliberation.” Mahn v. Att’y Gen., 767 F.3d 170, 174 (3d *131 Cir.2014) (quoting Partyka, 417 F.3d at 414 ).
cited Cited as authority (rule) Sonia Cruz-Hernandez v. Attorney General United States
3rd Cir. · 2016 · confidence medium
Mahn v. Attorney Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Gurson Gourzong v. Attorney General United States (2×)
3rd Cir. · 2016 · confidence medium
Mahn v. Attorney Gen. of U.S., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited as authority (rule) Jhonathan Victoria Javier v. Attorney General United States
3rd Cir. · 2016 · confidence medium
As a general rule, a criminal statute is determined to define a crime as categorically involving “moral turpitude only if all of the conduct [the statute] prohibits is turpitudinous.” Partyka, 417 F.3d at 411 (quoting Smalley v. Ashcroft, 354 F.3d 332, 336 (5th Cir. 2003)). “[T]he hallmark of moral turpitude is a reprehensible act committed with an appreciable level of consciousness or deliberation.” Mahn v. Att’y Gen., 767 F.3d 170, 174 (3d Cir. 2014) (quoting Partyka, 417 F.3d at 414 ).
cited Cited as authority (rule) Milton Orozco-Velasquez v. Attorney General United States
3rd Cir. · 2016 · confidence medium
Moreover, where, as here, "the BIA issues a written decision on the merits, we review its decision and not the decision of the IJ.” Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir.2014). 19 .
cited Cited as authority (rule) Romanyuk v. Lynch
unknown court · 2015 · confidence medium
Mahn v. Att’y Gen. of the U.S., 767 F.3d 170, 173 (3d Cir.2014).
cited Cited as authority (rule) Sesay v. Attorney General of the United States
3rd Cir. · 2015 · confidence medium
Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir.2014).
discussed Cited "see" Deury Plasencia v. Attorney General United States (2×)
3rd Cir. · 2023 · signal: see · confidence high
See Mahn v. Att’y Gen., 767 F.3d 170, 174 (3d Cir. 2014).
discussed Cited "see" Virgilio Cisneros-Mayo v. Attorney General United States (2×)
3rd Cir. · 2021 · signal: see · confidence high
See Mahn v. Att’y Gen., 767 F.3d 170, 174 (3d Cir. 2014).
cited Cited "see" A.A. v. Attorney General United States
3rd Cir. · 2020 · signal: see · confidence high
See Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
discussed Cited "see" Nelson Quinteros v. Attorney General United States
3rd Cir. · 2019 · signal: see · confidence high
See United States v. Franco, 745 F. App’x 285 , 287 (9th Cir. 2018). 17 The government argues that the BIA’s interpretation of § 1101(a)(43)(U) is entitled to deference. 41 Generally, Chevron principles apply “to an agency’s consistent interpretation of the statute it administers,” 42 including the INA. 43 “[T]he issue of Chevron deference to the BIA’s evaluation of criminal statutes in light of the INA has generated some controversy and confusion.” 44 We defer to the agency’s reasonable interpretation of a statute only if the text of the statute is “unclear” and we cann…
discussed Cited "see" V.Q. Dunagan, L.P.N. v. BPOA, State Board of Nursing
Pa. Commw. Ct. · 2019 · signal: see · confidence high
See Mahn v. Attorney General of the United States, 767 F.3d 170 (3d Cir. 2014); Partyka, 417 F.3d at 408 ; Knapik v. Ashcroft, 384 F.3d 84 (3d Cir. 2004). 9 fraud and therefore not done contrary to honesty; it is not a crime done contrary to good morals, as one can be guilty for merely causing a commotion; and, finally, it requires knowledge that the act is morally reprehensible.
discussed Cited "see" Manuel Castillo-Lopez v. Attorney General United States (2×)
3rd Cir. · 2018 · signal: see · confidence high
See Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014). 2 is also “further divisible into a number of different third-degree aggravated assault offenses.” Id.
discussed Cited "see" Ildefonso-Candelario v. Attorney General of the United States (2×)
3rd Cir. · 2017 · signal: see · confidence high
See Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir. 2014).
cited Cited "see" Narinder Singh v. Attorney General United States
3rd Cir. · 2015 · signal: see · confidence high
See Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir.2014) (“At most, these decisions are persuasive authority”). 4 B.
cited Cited "see" Dexter Pantlitz-Wilkinson v. Attorney General United States
3rd Cir. · 2015 · signal: see · confidence high
See Mahn v. Att’y Gen., 767 F.3d 170, 173 (3d Cir.2014).
discussed Cited "see, e.g." Jackson Ndungu v. Attorney General United States
3rd Cir. · 2025 · signal: see also · confidence medium
The better presumption is therefore that Congress expects courts to do their ordinary job of interpreting statutes, with due respect for the views of the Executive Branch.”). 12 See Partyka, 417 F.3d at 413 (finding the BIA’s test “persuasive”); see also Javier, 826 F.3d at 131 (recognizing that the BIA and this Court use the same definitions to define “morally turpitudinous conduct” (quoting Mahn v. Att’y Gen., 767 F.3d 170, 174 (3d Cir. 2014))).
discussed Cited "see, e.g." Jhensy Saillant v. Attorney General United States
3rd Cir. · 2020 · signal: see also · confidence medium
Stat. § 3922 (a) is categorically an offense involving “fraud.” We have extensively examined section 3922(a) in the past and determined that the statute was “bottomed on ‘fraud or deceit.’ ” See Nugent v. Ashcroft, 367 F.3d 162, 179 (3d Cir. 2004), overruled on other grounds by Al-Sharif v. U.S. Citizenship & Immigration Servs., 734 F.3d 207 (3d Cir. 2013) (en banc).3 And “the decided cases make it plain that crimes in which fraud was an ingredient have always been regarded as involving moral turpitude.” Jordan v. De George, 341 U.S. 223, 232 (1951); see also Mahn v. Att’y G…
Retrieving the full opinion text from the archive…
Emmanuel MAHN, Petitioner,
v.
ATTORNEY GENERAL OF the UNITED STATES of America, Respondent
12-4377.
Court of Appeals for the Third Circuit.
Sep 17, 2014.
767 F.3d 170
Wayne P. Sachs, Esq. [Argued], Philadelphia, PA, for Petitioner., Charles S. Greene, III, Esq. [Argued], Zoe J. Heller, Esq., Andrew B. Insenga, Esq., United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent.
McKee, Fuentes, Greenaway.
Cited by 58 opinions  |  Published

OPINION OF THE COURT

FUENTES, Circuit Judge:

Emmanuel Mahn petitions for review of his final order of removal and contends that his Pennsylvania conviction for reckless endangerment is not a crime involving moral turpitude (“CIMT”). Applying the categorical approach, we conclude that the least culpable conduct punishable under Pennsylvania’s reckless endangerment statute does not implicate moral turpitude. Therefore, we grant Mahn’s petition for review and vacate the BIA’s removal order.

I. Factual and Procedural Background

Emmanuel Mahn is a citizen of Liberia. In 2000, he entered the United States as a refugee. Nearly five years later, he adjusted his status to lawful permanent resident.

In 2007, Mahn pled guilty in the Court of Common Pleas of Delaware County, Pennsylvania to theft by deception and forgery. See 18 Pa. Cons.Stat. Ann. § 3922(a); 18 Pa. Cons.Stat. Ann. § 4101(a).

The following year, Mahn pled guilty in the Court of Common Pleas to recklessly endangering another person. See 18 Pa. Cons.Stat. Ann. § 2705. According to the affidavit of probable cause and Mahn’s testimony during his removal proceedings, Mahn had just picked his sister up from work. As he was driving out of the parking lot, he lost control of his car and crashed into the garage and laundry room of a house located across the street. Although no one was injured, Mahn’s car damaged the garage door and laundry room of the house.

In December 2011, the Department of Homeland Security issued Mahn a Notice to Appear, charging that he was removable under 8 U.S.C. § 1227(a)(2)(A)(ii) for having “been convicted of two crimes involving moral turpitude not arising out of a single scheme of criminal misconduct.” AR 409. This charge was based on: (1) Mahn’s convictions for forgery and theft by deception, which were later deemed to arise from the same criminal scheme, and (2) his conviction for reckless endangerment. Mahn filed a motion to terminate his removal proceedings, asserting that his reckless endangerment conviction did not qualify as a CIMT.

The Immigration Judge denied Mahn’s motion to terminate. The IJ pointed out that this Court in Knapik v. Ashcroft, 384 F.3d 84, 90 (3d Cir.2004), determined that reckless endangerment, in violation of New York Penal Law § 120.25, qualifies as a CIMT. The IJ concluded that, “consistent with Knapik, reckless endangerment under the Pennsylvania statute in question is a crime involving moral turpitude.” AR 320. The IJ also held that Mahn’s convictions for forgery and theft by deception constituted CIMTs. Accordingly, the IJ ruled that Mahn was removable as charged. At a subsequent merits hearing, the IJ denied Mahn’s applications for relief and protection from removal, and the IJ ordered Mahn removed to Liberia.

Mahn appealed to the Board of Immigration Appeals (“BIA”). On appeal, he argued that his reckless endangerment conviction was not a CIMT. The BIA affirmed the IJ’s ruling in an unpublished, non-precedential decision rendered by a single Board member. Relying on Kna-pik, the BIA held that Mahn’s reckless[*173] endangerment conviction constituted a CIMT because “the statute under which [he] was convicted defines recklessness as a conscious disregard of a substantial risk of such a nature that it amounts to a gross deviation from the standard of care of a reasonable person” and is “coupled with the requirement that the conduct place another person in danger of death or serious bodily injury.” AR 4. On these grounds, the BIA dismissed the appeal. Mahn subsequently filed this petition for review.

II. Standard of Review

“Where, as here, the BIA issues a written decision on the merits, we review its decision and not the decision of the IJ.” Bautista v. Att’y Gen., 744 F.3d 54, 57 (3d Cir.2014) (citing Catwell v. Att’y Gen., 623 F.3d 199, 205 (3d Cir.2010)). Typically, we review the BIA’s legal conclusions de novo subject to the principles of deference set forth in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 844, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). See Bautista, 744 F.3d at 58. While we do not defer to the “BIA’s parsing of the elements of the underlying crime,” we generally accord deference to “the BIA’s determination that a certain crime involves moral turpitude when that determination is reasonable.” Mehboob v. Att’y Gen., 549 F.3d 272, 275-76 (3d Cir. 2008) (citing Knapik, 384 F.3d at 88).

In this case, however, Chevron deference is inappropriate because we are asked to review an unpublished, nonprecedential decision issued by a single BIA member. Following United States v. Mead Corp., 533 U.S. 218, 121 S.Ct. 2164, 150 L.Ed.2d 292 (2001), “we accord Chevron deference only to agency action promulgated in the exercise of congressionally-delegated authority to make rules carrying the force of law.” De Leom-Ochoa v. Att’y Gen., 622 F.3d 341, 348 (3d Cir.2010) (citing Mead, 533 U.S. at 226-27, 121 S.Ct. 2164). Unpublished, single-member BIA decisions are not “promulgated” under the BIA’s authority to “make rules carrying the force of law.” Id. To the contrary, these “decisions have no precedential value, do not bind the BIA, and therefore do not carry the force of law except as to those parties for whom the opinion is rendered.” Id. at 350. Since Mead, several Courts of Appeals have declined to apply Chevron deference to unpublished, single-member BIA decisions. See, e.g., Arobelidze v. Holder, 653 F.3d 513, 520 (7th Cir.2011); Carpio v. Holder, 592 F.3d 1091, 1097-98 (10th Cir.2010); Barrios v. Holder, 581 F.3d 849, 859 (9th Cir.2009); Quinchia v. Att’y Gen., 552 F.3d 1255, 1258 (11th Cir. 2008); Rotimi v. Gonzales, 473 F.3d 55, 57-58 (2d Cir.2007). We join our sister circuits in concluding that unpublished, single-member BIA decisions are not entitled to Chevron deference. At most, these decisions are persuasive authority. See Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944).

III. Discussion

The Department of Homeland Security charged Mahn as removable under 8 U.S.C. § 1227(a)(2)(A)(ii). That provision sets forth that “[a]ny alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct ... is deportable.” 8 U.S.C. § 1227(a)(2)(A)(ii). It is undisputed that Mahn’s convictions for forgery and theft by deception constitute CIMTs arising from a single scheme of criminal misconduct and that these convictions arose from a distinct scheme from his reckless endangerment conviction. Thus, Mahn’s remov-[*174] ability turns on whether his reckless endangerment conviction also is a CIMT.

While the Immigration and Nationality Act does not define the term “moral turpitude,” the BIA and this Circuit have defined morally turpitudinous conduct as “conduct that is inherently base, vile, or depraved, contrary to the accepted rules of morality and the duties owed other persons, either individually or to society in general.” See Knapik, 384 F.3d at 89. “[T]he hallmark of moral turpitude is a reprehensible act committed with an appreciable level of consciousness or deliberation.” Partyka v. Att’y Gen., 417 F.3d 408, 414 (3d Cir.2005). Furthermore, it “is the nature of the act itself and not the statutory prohibition of it which renders a crime one of moral turpitude.” Totimeh v. Att’y Gen., 666 F.3d 109, 114 (3d Cir.2012) (quotation marks omitted).

We apply the categorical approach to assess whether a conviction qualifies as a CIMT. See Jean-Louis v. Att’y Gen., 582 F.3d 462, 465-66 (3d Cir.2009). Under the categorical approach, we “compare the elements of the statute forming the basis of the defendant’s conviction with the elements of the ‘generic’ crime—ie., the offense as commonly understood.” Descamps v. United States, — U.S.-, 133 S.Ct. 2276, 2281, 186 L.Ed.2d 438 (2013). In particular, “we look to the elements of the statutory offense to ascertain the least culpable conduct hypothetically necessary to sustain a conviction under the statute.” See Jean-Louis, 582 F.3d at 471 (citing Partyka^ 417 F.3d at 411). The “possibility of conviction for non-turpitudi-nous conduct, however remote, is sufficient to avoid removal.” Id.

Mahn’s statute of conviction provides that “[a] person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.” [1] 18 Pa. Cons.Stat. Ann. § 2705. Moral turpitude does not inhere in all violations of section 2705, as the least culpable conduct criminalized under this statute is merely reckless conduct that “may place another person in danger of ... serious bodily injury.” Id. (emphasis added). Thus, even an individual who drives through a red light on an empty street or speeds down an empty thoroughfare could be punished under section 2705 so long as he or she has a reckless mens rea. Though unlawful, such traffic offenses do not always rise to the level of “conduct that is inherently base, vile, or depraved, contrary to the accepted rules of morality.” See Knapik, 384 F.3d at 89.

The BIA erroneously relied on Knapik to conclude that Mahn’s conviction for reckless endangerment was a CIMT. Contrary to the BIA’s claims, the New York reckless endangerment statute at issue in Knapik is not analogous to Mahn’s statute of conviction. The statute we examined in Knapik provides that a “person is guilty of reckless endangerment in the first degree when, under circumstances evincing a de[*175] praved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.” N.Y. Penal Law § 120.25 (emphasis added). Applying Chevron deference, we held that the BIA did not unreasonably conclude that a conviction under New York Penal Law § 120.25 is a CIMT because the statute “contains aggravating factors, requiring that a defendant create a ‘grave risk of death to another person’ ‘under circumstances evincing a depraved indifference to human life.’ ” Knapik, 384 F.3d at 90 (quoting § 120.25). In contrast to New York’s reckless endangerment statute, Mahn’s statute of conviction does not contain the aggravating factors of depraved indifference to human life and grave risk of death to another person. Moreover, unlike the New York statute, which requires reckless conduct that creates a grave risk of endangerment, section 2705 only requires conduct that may put a person in danger. Such conduct does not necessarily implicate moral turpitude. Therefore, we conclude that a conviction under section 2705 does not constitute a CIMT.

IV. Conclusion

Because the least culpable conduct punishable under section 2705 is not morally turpitudinous, Mahn’s reckless endangerment conviction does not qualify as a CIMT. Accordingly, we grant Mahn’s petition for review and vacate the BIA’s order of removal.

1

. The mental state of "recklessness” is virtually identical under the New York statute at issue in Knapik and under Pennsylvania law. In New York, "[a] person acts recklessly ... when he is aware of and consciously disregards a substantial and unjustifiable risk” that is "of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.” N.Y. Penal Law § 15.05(3). In Pennsylvania, "[a] person acts recklessly ... when he consciously disregards a substantial and unjustifiable risk” that is "of such a nature and degree that, considering the nature and intent of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation.” 18 Pa. Cons.Stat. Ann. § 302(b)(3).