Keungne v. U.S. Attorney Gen., 561 F.3d 1281 (11th Cir. 2009). · Go Syfert
Keungne v. U.S. Attorney Gen., 561 F.3d 1281 (11th Cir. 2009). Cases Citing This Book View Copy Cite
76 citation events (76 in the last 25 years) across 6 distinct courts.
Strongest positive: Ruperto Hernandez Zarate v. U.S. Attorney General (ca11, 2022-02-18)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ruperto Hernandez Zarate v. U.S. Attorney General (2×) also: Cited "see, e.g."
11th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
in other words, the determination that a crime involves moral turpitude is made categorically, based on the statutory definition or nature of the crime, not the specific conduct predicating a par- ticular conviction.
discussed Cited as authority (rule) Diaz Esparza v. Garland (2×)
5th Cir. · 2022 · confidence medium
Stat. Ann. § 13-1201 (A) (2006)). 44 561 F.3d 1281, 1286 (11th Cir. 2009) (per curiam) (quoting Ga. Code Ann. § 16-5-60 (b) (2006)). 45 384 F.3d 84 , 86 n.1, 89 (3d Cir. 2004) (internal quotation marks omitted) (quoting N.Y.
discussed Cited as authority (rule) Ikwazema Eric Abakporo v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
We must determine whether a petitioner is “(1) an alien; 8 USCA11 Case: 20-12750 Date Filed: 08/13/2021 Page: 9 of 19 (2) who is removable; (3) based on having committed a disqualifying offense.” Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir. 2009) (citation omitted).
discussed Cited as authority (rule) Arman Eritsian v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
“However, we retain jurisdiction to determine whether the statutory conditions for limiting judicial review exist, i.e., whether the petitioner is ‘(1) an alien; (2) who is removable; (3) based on having committed a disqualifying offense.’” Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir. 2009) (quoting Vuksanovic v. U.S. Att’y Gen., 439 F.3d 1308 , 1310–11 (11th Cir. 2006)).
examined Cited as authority (rule) Michael Roy Smith v. U.S. Attorney General (3×) also: Cited "see"
11th Cir. · 2020 · confidence medium
The term “moral turpitude” is not defined in the statute, but this Court has determined that it involves “an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule 4 USCA11 Case: 19-12622 Date Filed: 12/18/2020 Page: 5 of 12 of right and duty between man and man.” Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1284 (11th Cir. 2009) (quotation marks omitted).
discussed Cited as authority (rule) Arman Eritsian v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
“However, we retain jurisdiction to determine whether the statutory conditions for limiting judicial review exist, i.e., whether the petitioner is ‘(1) an alien; (2) who is removable; (3) based on having committed a disqualifying offense.’” Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir. 2009) (quoting Vuksanovic v. U.S. Att’y Gen., 439 F.3d 1308 , 1310–11 (11th Cir. 2006)).
discussed Cited as authority (rule) Nidal Khalid Nasrallah v. U.S. Attorney General (2×) also: Cited "see"
11th Cir. · 2019 · confidence medium
Particularly serious crime Binding precedent holds that “[t]his Court lacks jurisdiction to review a final order of removal if the alien is removable under 8 U.S.C. § 1227 (a)(2)(A)(i) for being convicted of a crime involving moral turpitude within five years of admission for which a sentence of one year or longer may be imposed.” Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir. 2009) (citing 8 U.S.C. § 1252 (a)(2)(C); Vuksanovic v. U.S. Att’y Gen., 439 F.3d 1308, 1310 (11th Cir. 2006)).
discussed Cited as authority (rule) Lenncy W. Jeudy v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
Amaya-Artunduaga v. U.S. Att’y Gen., 463 F.3d 1247, 1250 (11th Cir. 2006). 4 Case: 18-12000 Date Filed: 02/13/2019 Page: 5 of 13 Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir. 2009) (quotation marks omitted).
cited Cited as authority (rule) Hughes Milcent v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
However, we retain jurisdiction to determine “whether the statutory. conditions for limiting judicial review exist.” Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir. 2009).
examined Cited as authority (rule) Jean Bernard Gelin v. U.S. Attorney General (10×) also: Cited "see"
11th Cir. · 2016 · confidence medium
See Walker v. U.S. Att’y Gen., 783 F.3d 1226, 1229 (11th Cir. 2015) (Florida offense of uttering a forged instrument); Cano, 709 F.3d at 1053-55 (Florida offense of resisting an officer with violence); Keungne, 561 F.3d at 1287-88 (Georgia offense of criminal reckless conduct); Vuksanovic v. U.S. Att’y Gen., 439 F.3d 1308, 1311 (11th Cir. 2006) (Florida offense of second- degree arson); Sosa-Martinez, 420 F.3d at 1342 (Florida offense of aggravated battery); Garcia v. Att’y Gen. of the U.S., 329 F.3d 1217, 1222 (11th Cir. 2003) (Florida offense of aggravated child abuse); and Itani v. As…
discussed Cited as authority (rule) Edgar Leal v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
Id. (citing Keungne v. U.S. Attorney Gen., 561 F.3d 1281, 1286-87 (11th Cir.2009); Knapik, 384 F.3d at 90 n. 5); see also Idy v. Holder, 674 F.3d 111, 118-19 (1st Cir.2012) (deferring to the BIA’s determination that New Hampshire’s reckless conduct statute is a CIMT because “the statute contains both ‘reprehensible conduct’ and ‘some degree of scienter’ ”).
discussed Cited as authority (rule) United States v. Torrance
A.F.C.C.A. · 2013 · confidence medium
James v. United States, 550 U.S. 192, 202 , 127 S.Ct. 1586 , 167 L.Ed.2d 532 (2007) (internal quotation marks and citation omitted); Chambers v. United States, 555 U.S. 122 , 129 S.Ct. 687 , 172 L.Ed.2d 484 (2009); Keungne v. U.S. Attorney General, 561 F.3d 1281, 1284 (11th Cir.2009) (using categorical approach in determining if an alien’s conviction constituted a crime of moral turpitude).
cited Cited as authority (rule) Jorge Alberto De La Luz v. U.S. Attorney General
11th Cir. · 2012 · confidence medium
At the same time, we retain jurisdiction to determine “whether the statutory conditions for limiting judicial review exist.” Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir.2009).
discussed Cited as authority (rule) Cesar Augusto Bedoya Yepes v. U.S. Attorney General
11th Cir. · 2012 · confidence medium
When the bar to review under § 1252(a)(2)(C) is implicated, “we retain jurisdiction to determine whether the statutory conditions for limiting judicial review exist.” Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir.2009).
discussed Cited as authority (rule) LEAL
unknown court · 2012 · confidence medium
See Idy v. Holder, 674 F.3d 111, 118-19 (1st Cir. 2012) (holding that recklessly engaging in conduct that places or may place another in danger of serious bodily injury under New Hampshire law is a crime involving moral turpitude); Hernandez-Perez v. Holder, 569 F.3d 345, 348 (8th Cir. 2009) (holding that reckless child endangerment under Iowa law is a crime involving moral turpitude); Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1286-87 (11th Cir. 2009) (per curiam) (holding that recklessly endangering the bodily safety of another under Georgia law is a crime involving moral turpitude); Knapi…
cited Cited as authority (rule) Fajardo v. U.S. Attorney General
11th Cir. · 2011 · confidence medium
See 8 U.S.C. § 1252 (a)(2)(D); Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir.2009).
cited Cited as authority (rule) Yi-Jen Chen vs U.S. Attorney General
11th Cir. · 2011 · confidence medium
Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir. 2009).
discussed Cited as authority (rule) Miguel Hernandez-Perez v. Eric H. Holder, Jr. (2×) also: Cited "see, e.g."
8th Cir. · 2009 · confidence medium
Although one factor in determining which acts involve moral turpitude is whether the act is accompanied by a vicious motive or corrupt mind, “the presence or absence of a corrupt or vicious mind is not controlling.” Keugne v. U.S. Attorney General, 561 F.3d 1281, 1284 (11th Cir. 2009) (per curiam) (quoting In re Medina, 15 I. & N. Dec. 611, 614 (BIA 1976)). -2- To determine whether a conviction qualifies as one involving moral turpitude, we look to the statutory language of the crime, not the underlying facts.
discussed Cited as authority (rule) Hernandez-Perez v. Holder (2×) also: Cited "see, e.g."
8th Cir. · 2009 · confidence medium
Although one *348 factor in determining which acts involve moral turpitude is whether the act is accompanied by a vicious motive or corrupt mind, “the presence or absence of a corrupt or vicious mind is not controlling.” Keungne v. U.S. Attorney General, 561 F.3d 1281, 1284 (11th Cir.2009) (per curiam) (quoting In re Medina, 15 I. & N. Dec. 611, 614 (BIA 1976)).
discussed Cited "see" Nelson Zaldivar Anzardo v. U.S. Attorney General
11th Cir. · 2020 · signal: see · confidence high
See Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir. 2009) (explaining when the criminal alien bar is implicated, we retain jurisdiction to determine whether the statutory conditions for limiting judicial review exist; that is, we may determine whether a petitioner is “(1) an alien (2) who is removable (3) based on having committed a disqualifying offense.” (quotations omitted)).
discussed Cited "see" Jimmy Pierre v. U.S. Attorney General
11th Cir. · 2018 · signal: see · confidence high
See Keungne, 561 F.3d at 1287-88 (Georgia crime of criminal reckless conduct); Sosa-Martinez, 420 F.3d at 1342 (Florida crime of aggravated battery); Gelin, 837 F.3d at 1247-48 (Florida crime of abuse of an elderly or disabled adult); Garcia v. U.S. Att’y Gen., 329 F.3d 1217, 1222 (11th Cir. 2003) (Florida crime of aggravated child abuse).
cited Cited "see" Ricardo Walters v. U.S. Attorney General
11th Cir. · 2015 · signal: see · confidence high
See Keungne, 561 F.3d at 1284 n. 3; Fla. Stat. § 812.16 (l)(a), (2).
cited Cited "see" Mortley Shepherd v. U.S. Attorney General
11th Cir. · 2014 · signal: see · confidence high
See Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1283 (11th Cir.2009).
cited Cited "see, e.g." United States v. Lisette Lopez
11th Cir. · 2023 · signal: see also · confidence medium
Smith, 420 F.2d at 432 ; see also Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1287 (11th Cir. 2009) (holding that criminal recklessness involves moral turpitude).
discussed Cited "see, e.g." Emmanuel Lauture v. U.S. Attorney General
11th Cir. · 2022 · signal: see also · confidence medium
See also Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1284 (11th Cir. 2009) (“In other words, the determination that a crime involves moral turpitude is made categorically, based on the statutory definition or nature of the crime, not the specific conduct predicating a USCA11 Case: 19-13165 Date Filed: 03/17/2022 Page: 12 of 21 12 Opinion of the Court 19-13165 particular conviction.”).
discussed Cited "see, e.g." Nasrallah v. Barr
SCOTUS · 2020 · signal: compare · confidence low
Compare Keungne v. United States Attorney General , 561 F.3d 1281 , 1283 (CA11 2009), with Yeremin v. Holder , 738 F.3d 708 , 713 (CA6 2013) ; Wanjiru v. Holder , 705 F.3d 258 , 262-263 (CA7 2013) ; Lee v. Gonzales , 410 F.3d 778 , 781-782 (CA5 2005). 4 Title 8 U.S.C. § 1252 (a)(2)(C) provides: "Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in subparagraph (D), no court shall have jurisdiction to review any final order of removal …
discussed Cited "see, e.g." Uppal v. Holder
9th Cir. · 2010 · signal: see also · confidence medium
Id. at 913 n. 12; see also Keungne v. U.S. Att’y Gen., 561 F.3d 1281, 1286-87 (11th Cir.2009); Knapik v. Ashcroft, 384 F.3d 84 , 90 n. 5 (3d Cir.2004); Matter of Lopez-Meza, 22 I. & N. Dec. 1188, 1194, 1196 (BIA 1999), rejected on other grounds by Hernandez-Martinez v. Ashcroft, 329 F.3d 1117, 1118-19 (9th Cir. 2003).
Retrieving the full opinion text from the archive…
Chretien KEUNGNE, Petitioner,
v.
U.S. ATTORNEY GENERAL, Respondent
07-14501.
Court of Appeals for the Eleventh Circuit.
Mar 10, 2009.
561 F.3d 1281
2009 U.S. App. LEXIS 10233
2009 WL 604890
Aaron Furniss (Court-Appointed), Sutherland, Atlanta, GA, for Keungne., Andrew C. MacLachlan, David V. Ber-nal, Stuart S. Nickum, Anthony Cardozo Payne, U.S. Dept, of Justice, OIL-Civ. Div., Washington, DC, for U.S. Atty. Gen.
Birch, Hull, Fay.
Cited by 34 opinions  |  Published
PER CURIAM:

Chretien Keungne, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) order finding him removable because his conviction under Georgia’s criminal reckless conduct statute, Ga.Code Ann. § 16 — 5—60(b), constitutes a crime involving moral turpitude. After review and oral argument, we dismiss the petition.

I. BACKGROUND

In November 2003, Keungne was admitted to the United States as a non-immigrant visitor. In April 2004, he was arrested in Georgia and charged with aggravated assault, false imprisonment, and possession of a knife in the commission of a felony. In August 2006, he pled nolo contendere to two counts of criminal reckless conduct under Ga.Code Ann. § 16 — 5—60(b), a lesser included offense of[*1283] the aggravated assault charge. Keungne was convicted and sentenced to 12 months’ imprisonment on each count, to be served concurrently.

In September 2006, the Department of Homeland Security (“DHS”) administratively ordered Keungne removed from the United States on the grounds that he had been convicted of an aggravated felony. However, the DHS cancelled the September 2006 removal order after Keungne asserted a fear of persecution or torture. Keungne subsequently was served with a Notice to Appear that charged that he was removable based on, inter alia, his conviction of a crime involving moral turpitude within five years of admission for which a sentence of one year or longer may be imposed, pursuant to 8 U.S.C. § 1227(a)(2)(A)(i).

On April 23, 2007, a removal hearing was held before an IJ. At the removal hearing, Keungne, proceeding -pro se, filed an application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). Keungne admitted that he was convicted of criminal reckless conduct in 2006 and sentenced to 12 months’ imprisonment.

The IJ concluded, inter alia, that Ke-ungne was removable because his reckless conduct conviction was a crime involving moral turpitude. [1] The BIA affirmed the IJ’s finding that Keungne was removable under 8 U.S.C. § 1227(a)(2)(A)(i). The BIA stated that “[u]pon consideration of the statutory definition of the respondent’s crime, we are persuaded that it is one in which moral turpitude inheres” and cited Knapik v. Ashcroft, 384 F.3d 84 (3d Cir.2004); In re Solon, 24 I. & N. Dec. 239 (BIA 2007); In re Franklin, 20 I. & N. Dec. 867 (BIA 1994); In re Wojtkow, 18 I. & N. Dec. 111 (BIA 1981); and In re Medina, 15 I. & N. Dec. 611 (BIA 1976).

II. DISCUSSION

A. Jurisdiction

As an initial matter, we must determine whether we have jurisdiction to entertain Keungne’s petition for review. Vuksanovic v. U.S. Att’y Gen., 439 F.3d 1308, 1310 (11th Cir.2006); Sosa Martinez v. U.S. Att’y Gen., 420 F.3d 1338, 1340 (11th Cir.2005). This Court lacks jurisdiction to review a final order of removal if the alien is removable under 8 U.S.C. § 1227(a)(2)(A)(i) for being convicted of a crime involving moral turpitude within five years of admission for which a sentence of one year or longer may be imposed. See 8 U.S.C. § 1252(a)(2)(C); Vuksanovic, 439 F.3d at 1310. However, we retain jurisdiction to determine whether the statutory conditions for limiting judicial review exist, i.e., whether Keungne is “ ‘(1) an alien; (2) who is removable; (3) based on having committed a disqualifying offense.’ ” Vuksanovic, 439 F.3d at 1310-11 (quoting Moore v. Ashcroft, 251 F.3d 919, 923 (11th Cir.2001)). Keungne does not contest the fact that he is an alien. Thus, our review is limited to determining whether Keungne is removable because his reckless conduct conviction is a crime involving moral turpi[*1284] tude. [2] If so, we lack jurisdiction to review Keungne’s final order of removal. Id. at 1311; Sosa-Martinez, 420 F.3d at 1341.

B. Precedent Defining “Crime Involving Moral Turpitude”

The term “moral turpitude” is not defined by statute. This Court has stated that it involves “ ‘an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.’ ” Vuksanovic, 439 F.3d at 1311 (quoting Itani v. Ashcroft, 298 F.3d 1213, 1215 (11th Cir.2002)) (brackets omitted). “ ‘Whether a crime involves the depravity or fraud necessary to be one of moral turpitude depends upon the inherent nature of the offense, as defined in the relevant statute, rather than the circumstances surrounding a defendant’s particular conduct.’ ” Id. (quoting Itani, 298 F.3d at 1215-16). In other words, the determination that a crime involves moral turpitude is made categorically based on the statutory definition or nature of the crime, not the specific conduct predicating a particular conviction. [3] This Court has concluded that crimes involving moral turpitude include second-degree arson, Vuksanovic, 439 F.3d at 1311; aggravated battery, Sosa-Martinez, 420 F.3d at 1342; aggravated child abuse, Garcia v. Att’y Gen., 329 F.3d 1217, 1222 (11th Cir.2003); and misprision of a felony, Itani, 298 F.3d at 1216.

The BIA has concluded that moral turpitude may inhere in criminally reckless conduct. Solon, 24 I. & N. Dec. at 240; Franklin, 20 I. & N. Dec. at 869-70; Wo jtkow, 18 I. & N. Dec. at 112-13; Medina, 15 I. & N. Dec. at 613. [4] In Medina^ the BIA analyzed whether a conviction under Illinois’s aggravated assault statute, which permitted conviction with only a reckless mental state, was a crime involving moral turpitude. 15 I. & N. Dec. at 612-13. The BIA observed that the Illinois statutory definition of recklessness stated that “[t]he person acting recklessly must consciously disregard a substantial and unjustifiable risk, and such disregard must constitute a gross deviation from the standard of care which a reasonable person would exercise in the situation” and that “[t]his definition of recklessness requires an actual awareness of the risk created by the criminal violator’s action.” Id. at 613-14. The BIA found it persuasive that “the violator must show a willingness to commit the act in disregard of the perceived risk” and emphasized that “[t]he presence or absence of a corrupt or vicious mind is not controlling.” Id. at 614. Based on its analysis of Illinois’s recklessness definition, the BIA concluded that the aggravated assault conviction was a crime involving moral turpitude. Id.

[*1285] Several years later in In re Lopez-Meza, 22 I. & N. Dec. 1188 (BIA 1999) (en banc), the en banc BIA revisited the question of which crimes with a reckless mental state involve moral turpitude in addressing a prior conviction for aggravated driving under the influence (“DUI”) under Arizona law. As an initial matter, the BIA stated that simple DUI “is ordinarily a regulatory offense that involves no culpable mental state requirement, such as intent or knowledge,” and agreed with the IJ that it “does not, without more, reflect conduct that is necessarily morally reprehensible or that indicates such a level of depravity or baseness that it involves moral turpitude.” Lopez-Meza, 22 I. & N. Dec. at 1194.

However, the BIA noted that the petitioner was convicted of aggravated DUI, defined as “committing a DUI offense while knowingly driving on a suspended, canceled, or revoked license or by committing a DUI offense while already on a restricted license owing to a prior DUI.” Id. at 1194-95. The BIA concluded that aggravated DUI was a crime involving moral turpitude, despite the absence of a particular intent requirement, “because the aggravated circumstances necessary for a conviction ... establish a culpable mental state adequate to support a finding of moral turpitude.” Id. at 1195 (emphasis added). The BIA noted that a conviction for aggravated DUI required a showing that the defendant knew or should have known that his license was suspended and thus that he should not be driving under any circumstances. Id. at 1195-96. Accordingly, the BIA concluded that “a person who drives while under the influence, knowing that he or she is absolutely prohibited from driving, commits a crime so base and so contrary to the currently accepted duties that persons owe to one another and to society in general that it involves moral turpitude.” Id. at 1196.

Here, the BIA relied, in part, on the Third Circuit’s decision in Knapik, which concluded that reckless endangerment under New York law was a crime involving moral turpitude. The New York statute at issue provided, “‘A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.’ ” Knapik, 384 F.3d at 86 n. 1 (quoting N.Y. Penal Law § 120.25). The Third Circuit reviewed the BIA’s precedent assessing whether criminally reckless conduct could be a crime involving moral turpitude and summarized that “since Medina, the BIA consistently has interpreted moral turpitude to include recklessness crimes if certain statutory aggravating factors are present. For example, the BIA limits moral turpitude to crimes in which a defendant consciously disregards a substantial risk of serious harm or death to another.” Id. at 89-90.

The Knapik Court stated that reckless endangerment was a “much more severe offense than drunk driving, which almost certainly does not involve moral turpitude.” Id. at 90. The Third Circuit further noted that New York’s reckless endangerment statute contained the aggravating factor of requiring that a defendant create a “grave risk of death to another person under circumstances evincing a depraved indifference to human life.” Id. (quotation marks omitted). The Knapik Court rejected Kna-pik’s argument that his conviction was distinguishable from manslaughter or assault with a deadly weapon (which the BIA had concluded were crimes involving moral turpitude) because the reckless endangerment statute did not require injury to an individual, stating, “With regard to reckless acts, moral turpitude inheres in the conscious disregard of a substantial and unjustifiable risk of[*1286] severe harm or death. Knapik’s good fortune in not injuring or killing anyone does not change the quality of his actions.” Id. at 90 n. 5. Thus, applying deference to the BIA’s determination that the reckless endangerment conviction was a crime involving moral turpitude, the Third Circuit concluded, “[i]n this context, the BIA could reasonably conclude that the elements of depravity, recklessness and grave risk of death, when considered together, implicate accepted rules of morality and the duties owed to society.” [5] Id. at 90.

With this precedent in mind, we address whether Georgia’s criminal reckless conduct statute is a crime involving moral turpitude.

C. Georgia’s Criminal Reckless Conduct Statute

Whether criminal reckless conduct under Georgia law involves moral turpitude is an issue of first impression in this circuit. The Georgia statute provides, in relevant part:

A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.

Ga.Code Ann. § 16 — 5—60(b).

Under a categorical analysis of the statutory definition and nature of the crime of reckless conduct under Georgia law, we are convinced that it requires a sufficiently culpable mental state and is inherently a crime involving moral turpitude. First, the Georgia reckless conduct statute, like the statute analyzed in Medina, penalizes an individual for “consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person.” Ga. Code Ann. § 16 — 5—60(b). Thus, the Georgia criminal reckless conduct statute requires a person (1) to have an actual awareness of a “substantial and unjustifiable risk” that his action or omission will cause harm or endanger the safety of others, and (2) to act while “consciously disregarding” this “substantial and unjustifiable risk.” See Knapik, 384 F.3d at 90 (“[T]he BIA limits moral turpitude to crimes in which a defendant consciously disregards a substantial risk of serious harm or death to another.”).

Second, the Georgia criminal reckless conduct statute, like the statute at issue in Medina^ requires that “the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.” Ga.Code Ann. § 16 — 5—60(b). In other words, a person’s conduct must go far beyond mere negligence so as to constitute a “gross deviation” from the standard of care expected from a reasonable person. Cf. In re Perez-Contreras, 20 I. & N. Dec. 615, 619 (BIA 1992) (concluding that conviction for third-degree assault under Washington law, defined as criminal negligence that causes bodily harm, was not a crime involving moral turpitude because “there was no intent required for conviction, nor any conscious disregard of a substantial and unjustifiable risk”).

[*1287] Third, the Georgia criminal reckless conduct statute requires that a person’s “gross deviation” from the standard of care either “causes bodily harm to or endangers the bodily safety of another person.” Ga.Code Ann. § 16-5-60(b). Thus, the Georgia reckless conduct statute does not punish an individual for merely disregarding the risk that his act or omission will cause harm or endanger the safety of others. Rather, it requires that an individual’s conscious disregard of such a risk actually results in bodily harm to or endangerment of the bodily safety of another person. Furthermore, the fact that a person can be convicted of criminal reckless conduct under Georgia law without actually causing physical injury to another person does not alter the baseness or depravity of the person’s actions. Keungne’s good fortune in not injuring or killing someone does not the change the quality of his actions or the culpability of his mental state. See Knapik, 384 F.3d at 90 n. 5 (rejecting the argument that a conviction for reckless endangerment was not a crime involving moral turpitude because it did not require injury to an individual); see also Vuksanovic, 439 F.3d at 1311 (concluding that second-degree arson under Florida law, which required only that a person “ ‘damages or causes to be damaged any structure,’ ” was a crime involving moral turpitude (quoting Fla. Stat. § 806.01(2))). [6]

Considering the totality of these required elements, we conclude that criminal reckless conduct under Georgia law inherently involves “ ‘an act of baseness ... in the private and social duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.’ ” Vuksanovic, 439 F.3d at 1311 (quoting Itani, 298 F.3d at 1215) (brackets omitted). Part of the duties that a man owes to his fellow men and society is that he will exercise reasonable care to avoid the risk of causing harm or endangering others. When a person grossly deviates from the standard of care by consciously disregarding a “substantial and unjustifiable risk” that his actions or omissions will cause harm or endanger the safety of others and his actions or omissions actually cause bodily harm to or endanger the bodily safety of others, he has exhibited the “baseness” in the duties owed to society that constitutes moral turpitude. See Knapik, 384 F.3d at 90 (concluding that conviction under New York’s first-degree reckless endangerment statute was a crime involving moral turpitude). [7]

[*1288] Therefore, because we conclude that a conviction for criminal reckless conduct under Georgia law is a crime involving moral turpitude and Keungne raises no constitutional claims or questions of law, we are deprived of jurisdiction to review Keungne’s petition for review under 8 U.S.C. § 1252(a)(2)(C).

PETITION DISMISSED.

1

. The IJ also: (1) found that Keungne was not removable for remaining in the United States longer than permitted because he was detained as part of his state criminal offense and unable to depart; (2) determined that Ke-ungne's reckless conduct conviction was an aggravated felony because it was a crime of violence; (3) denied Keungne’s asylum application as untimely and barred by his aggravated felony conviction; and (4) denied his claims for withholding of removal and CAT relief. The BIA reversed the IJ’s finding that Keungne's reckless conduct conviction was an aggravated felony, but affirmed the IJ's order on all other grounds. Because we agree with the BIA’s and IJ's determination that Keungne’s reckless conduct conviction was a crime involving moral turpitude, we need not reach the BIA’s other conclusions.

2

. "We review questions of statutory interpretation de novo, but defer to the BIA’s interpretation if it is reasonable.” Vuksanovic, 439 F.3dat 1311 n. 3.

3

. In the categorical approach, we analyze whether the least culpable conduct necessary to sustain a conviction under the statute meets the standard of a crime involving moral turpitude. See Rodriguez-Castro v. Gonzales, 427 F.3d 316, 320 (5th Cir.2005); Partyka v. Att’y Gen., 417 F.3d 408, 411 (3d Cir.2005); Michel v. INS, 206 F.3d 253, 263 (2d Cir.2000).

4

.The BIA has concluded that crimes involving moral turpitude include, inter alia, third-degree assault under New York law, Solon, 24 I. & N. Dec. at 245; involuntary manslaughter under Missouri law, Franklin, 20 I. & N. Dec. at 869-70; aggravated assault on a peace officer under Texas law, In re Danesh, 19 I. & N. Dec. 669, 673 (BIA 1988); and second-degree manslaughter under New York law, Wojtkow, 18 I. & N. Dec. at 113.

5

. However, the Third Circuit concluded that Knapik’s conviction for attempted reckless endangerment was not a crime involving moral turpitude. Knapik, 384 F.3d at 91-92 (“Attempted reckless endangerment is not a crime involving moral turpitude because, categorically speaking, the concept makes no sense. Attempt (necessarily requiring intent to commit a crime) is inconsistent with recklessness (which, by definition, implies acting without intent).”).

6

. The Florida statute also required that the offense be committed “ 'willfully and unlawfully, or while in the commission of any felony.’ ” Vuksanovic, 439 F.3d at 1311 (quoting Fla. Stat. § 806.01(2)).

7

. Based on In re Fualaau, 21 I. & N. Dec. 475 (BIA 1996), Keungne contends that an assault of this nature cannot amount to a crime involving moral turpitude absent the infliction of serious bodily injury. We disagree. In Knapik, which was decided after Fualaau, the BIA concluded (and the Third Circuit agreed) that New York’s reckless endangerment statute was a crime involving moral turpitude, even though it did not require actual bodily injury. Knapik, 384 F.3d at 86 n. 1. Moreover, after Fualaau, the en banc BIA has not required actual bodily injury for a crime to be one involving moral turpitude. See Lopez-Meza, 22 I. & N. Dec. at 1194-96 (1999) (concluding that simple DUI was a strict liability crime and was not a crime involving moral turpitude but also concluding that aggravated DUI was a crime involving moral turpitude because it required a showing that the defendant knew or should have known that his license was suspended and a person who drives under the influence of alcohol or drugs while knowing he is absolutely prohibited from driving has a culpable mental state); see also Medina, 15 I. & N. Dec. at 612-14 (concluding that aggravated assault, which did not require any bodily injury but only required that an assault was committed recklessly while using a deadly weapon, was a[*1288] crime involving moral turpitude). We cannot say that the BIA's decision in Keungne's case was an unreasonable interpretation of its precedent.