Garcia-Meza v. Mukasey, 516 F.3d 535 (7th Cir. 2008). · Go Syfert
Garcia-Meza v. Mukasey, 516 F.3d 535 (7th Cir. 2008). Cases Citing This Book View Copy Cite
53 citation events (53 in the last 25 years) across 8 distinct courts.
Strongest positive: Sorrell v. Garcia (ilnd, 2025-09-23)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 27 distinct citers.
cited Cited as authority (rule) Sorrell v. Garcia
N.D. Ill. · 2025 · confidence medium
Garcia-Meza v. Mukasey, 516 F.3d 535, 538 (7th Cir. 2008).
cited Cited as authority (rule) Kelly v. Village of Lemont
N.D. Ill. · 2021 · confidence medium
“Illinois follows the common law rule that any contact, however slight, may constitute a battery.” Garcia-Meza v. Mukasey, 516 F.3d 535, 538 (7th Cir. 2008).
discussed Cited as authority (rule) Georges v. Commissioner of Correction
Conn. App. Ct. · 2021 · confidence medium
Rather, he argues that his plea to one count of reckless manslaughter in the first degree under § 53a-55 (a) (3) constituted a crime of moral turpitude, as defined in 8 U.S.C. § 1101 (a) (13) (C) (v) of the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq.5 As the United States Court of Appeals for the Seventh Circuit has noted, ‘‘the phrase ‘crime involving moral turpitude’ is notoriously baffling . . . .’’ Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir. 2008); see also People v. Valdez, 37 N.E.3d 837, 843 (Ill.
discussed Cited as authority (rule) Rayas v. United States
N.D. Ill. · 2020 · confidence medium
Rayas was charged with battery pursuant to 720 ILCS 5/12-3(a)(2), which provides that “[a] person commits battery if he or she knowingly without legal justification by any means. . . makes physical contact of an insulting or provoking nature with an individual.” “Illinois follows the common law rule that any contact, however slight, may constitute a battery.” Garcia-Meza v. Mukasey, 516 F.3d 535, 538 (7th Cir. 2008).
discussed Cited as authority (rule) Antonio Islas-Veloz v. Matthew Whitaker
9th Cir. · 2019 · confidence medium
WHITAKER meaningless phrase,” a “vague[]” phrase, “rife with contradiction, a fossil, [and] an embarrassment to a modern legal system,” and discussing “remarkable dissent by Justice Jackson” in De George, which “exposed [the] emptiness” of the moral turpitude concept); Bobadilla v. Holder, 679 F.3d 1052 , 1053–54 (8th Cir. 2012) (calling it a “murky statutory standard” and stating, “[w]ithout question, the term [CIMT] is ambiguous.”); Marmolejo-Campos, 558 F.3d at 909 (“‘Moral turpitude’ is perhaps the quintessential example of an ambiguous phrase.”); Ali v.…
discussed Cited as authority (rule) State v. Reyes Fuerte (2×) also: Cited "see, e.g."
Wis. Ct. App. · 2016 · confidence medium
See, e.g., Carachuri-Rosendo v. Holder, 560 U.S. 563, 566-67 (2010) (applying federal deportation provisions to lawful permanent resident); Garcia-Meza, 516 F.3d at 535-36 (same).
cited Cited as authority (rule) Altin Shuti v. Loretta Lynch
6th Cir. · 2016 · confidence medium
See, e.g., Alphonsus v. Holder, 705 F.3d 1031, 1042 (9th Cir. 2013); Arriaga v. Mukasey, 521 F.3d 219, 222 (2d Cir. 2008); Garcia-Meza v. Mukasey, 516 F.3d. 535, 536 (7th Cir. 2008).
discussed Cited as authority (rule) Tolliver v. City of Chicago
7th Cir. · 2016 · confidence medium
Thus, a person could theoretically be found guilty of aggravated battery for crumpling up a parking ticket and throwing it at the officer’s foot, Garcia-Meza v. Mukasey, 516 F.3d 535, 538 (7th Cir.2008), or poking a police officer in the chin, Chelios v. Heavener, 520 F.3d 678, 686 (7th Cir.2008).
discussed Cited as authority (rule) Darnell Tolliver v. City of Chicago
7th Cir. · 2016 · confidence medium
Thus, a person could theoretically be found guilty of aggravated battery for crumpling up a parking ticket and throwing it at the officer’s foot, Garcia‐Meza v. Mukasey, 516 F.3d 535, 538 (7th Cir. 2008), or poking a police officer in the chin, Chelios v. Heavener, 520 F.3d 678, 686 (7th Cir. 2008).
discussed Cited as authority (rule) James Dimaya v. Loretta E. Lynch (2×)
9th Cir. · 2015 · confidence medium
See Mhaidli v. Holder, 381 Fed.Appx. 521, 525-26 (6th Cir.2010) (unpublished); Arriaga v. Mukasey, 521 F.3d 219, 222 (2d Cir.2008); Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir.2008). .
examined Cited as authority (rule) State v. Fernando Ortiz-Mondragon (6×) also: Cited "see, e.g."
Wis. · 2015 · confidence medium
The dispute in those cases was not whether counsel was ineffective for failing to discover and then advise that a specific crime involved moral turpitude. ¶39 Even the case law that analyzes whether a crime qualified as a crime involving moral turpitude for purposes of deportation often uses terms of generality, not specifics. "[T]he phrase 'crime involving moral turpitude' is notoriously 20 No. 2013AP2435-CR baffling . . . ." Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir. 2008)." "As a general rule, a crime involves 'moral turpitude' if it is inherently base, vile, or depraved, and cont…
examined Cited as authority (rule) State v. Fernando Ortiz-Mondragon (3×) also: Cited "see, e.g."
Wis. · 2015 · confidence medium
The dispute in those cases was not whether counsel was ineffective for failing to discover and then advise that a specific crime involved moral turpitude. ¶39 Even the case law that analyzes whether a crime qualified as a crime involving moral turpitude for purposes of deportation often uses terms of generality, not specifics. "[T]he phrase 'crime involving moral turpitude' is notoriously 20 No. 2013AP2435-CR baffling . . . ." Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir. 2008)." "As a general rule, a crime involves 'moral turpitude' if it is inherently base, vile, or depraved, and cont…
discussed Cited as authority (rule) State v. Ortiz-Mondragon (2×)
Wis. Ct. App. · 2014 · confidence medium
For example, one of the two primary cases he relies on did not even involve a domestic situation, see Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir. 2008) (aggravated battery of a peace officer), and the other interpreted a domestic abuse crime involving not mere injury, but "corporal injury resulting in a traumatic condition," see Grageda v. U.S. I.N.S., 12 F.3d 919, 921 (9th Cir. 1993), superseded by statute as stated in Planes v. Holder, 652 F.3d 991 (9th Cir. 2011). 5 ¶ 12.
discussed Cited as authority (rule) Gill v. Village of Melrose Park
N.D. Ill. · 2014 · confidence medium
Although the contact was not forceful, it still supplies probable cause for a battery arrest because “Illinois follows the common law rule that any contact, however slight, may constitute a battery.” Garcia-Meza v. Mukasey, 516 F.3d 535, 538 (7th Cir. 2008).
cited Cited as authority (rule) DE LEON CASTELLANOS v. Holder
7th Cir. · 2011 · confidence medium
See United States v. Aviles-Solarzano, 623 F.3d 470, 472 (7th Cir.2010); United States v. Evans, 576 F.3d 766, 767-68 (7th Cir.2009); Garcia-Meza v. Mukasey, 516 F.3d 535, 537 (7th Cir.2008).
discussed Cited as authority (rule) Hobbs v. State
Nev. · 2011 · confidence medium
See U.S. v. Maldonado-Lopez, 517 F.3d 1207, 1209-10 (10th Cir. 2008) (examining whether Colorado’s harassment statute involves a crime of violence for federal sentencing enhancement purposes); Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir. 2008) (considering whether an aggravated battery of a police officer, consisting of grabbing the officer’s fingers and twisting them, amounted to a crime of moral turpitude for deportation purposes); U.S. v. Belless, 338 F.3d 1063, 1067-69 (9th Cir. 2003) (examining whether a Wyoming domestic battery conviction is a predicáte offense for a felony f…
discussed Cited as authority (rule) Mata-Guerrero v. Holder
7th Cir. · 2010 · confidence medium
The Board of Immigration Appeals defines “crimes of moral turpitude” as “conduct that shocks the public conscience as being ‘inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owned between persons or to society in general.’ ” Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir.2008), quoting In re Solon, 24 I. & N. Dec. 239, 240 (2007).
cited Cited as authority (rule) United States v. Matthew Evans
7th Cir. · 2009 · confidence medium
Garcia-Meza v. Mukasey, 516 F.3d 535, 537 (7th Cir. 2008).
discussed Cited as authority (rule) United States v. Evans (2×)
7th Cir. · 2009 · confidence medium
Garcia-Meza v. Mukasey, 516 F.3d 535, 537 (7th Cir.2008).
cited Cited as authority (rule) Singh v. Eric H. Holder, Jr.
6th Cir. · 2009 · signal: cf. · confidence medium
Cf. Garcia-Meza v. Mukasey, 516 F.3d 535, 537-38 (7th Cir.2008) (remanding for reconsideration where BIA mistakenly read a bodily-injury requirement into a state assault statute).
discussed Cited as authority (rule) United States v. Martinez-Sanchez
7th Cir. · 2008 · confidence medium
And just two months ago we made explicit that the Illinois statute permits conviction for aggravated battery of a police officer even where the defendant did not engage in force that is “violent in nature.” See Garcia-Meza v. Mukasey, 516 F.3d 535, 537 (7th Cir.2008) (noting that spitting in direction of police officer can be aggravated battery under Illinois statute).
discussed Cited "see" John Coquico v. Loretta E. Lynch
9th Cir. · 2015 · signal: see · confidence high
See Garcia-Meza v. Mukasey, 516 F.3d 535, 537 (7th Cir.2008) (explaining that the BIA has suggested "that battery of a police officer without causing harm is not a crime of moral turpitude,” and that even when the victim is a member of the special class of peace officers that “special status alone may not be enough”). 6 .
discussed Cited "see, e.g." Nadim Hanna v. Eric Holder, Jr.
6th Cir. · 2014 · signal: see also · confidence medium
Laws § 750.82 is a CIMT); see also Garcia-Meza v. Mukasey, 516 F.3d 535, 537-38 (7th Cir.2008) (remanding for reconsideration where BIA mistakenly read a bodily-injury requirement into a state assault statute).
discussed Cited "see, e.g." United States v. Hampton
7th Cir. · 2012 · signal: see also · confidence medium
See, e.g., People v. Smith, 342 Ill.App.3d 289 , 276 Ill.Dec. 513 , 794 N.E.2d 408, 409-11 (2003) (affirming conviction under the insulting-or-provoking-contact provision for throwing milk through cell door at guard); People v. Peck, 260 Ill.App.3d 812 , 198 Ill.Dec. 760 , 633 N.E.2d 222, 223-24 (1994) (affirming conviction for spitting on a police officer); see also Garcia-Meza v. Mukasey, 516 F.3d 535, 538 (7th Cir.2008) (suggesting that someone could be convicted for crumpling up parking ticket and throwing it at the issuing officer’s shoes).
discussed Cited "see, e.g." Lagunas-Salgado v. Holder (2×)
7th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir.2008).
discussed Cited "see, e.g." Jesus Lagunas-Salgado v. Eric Holder, Jr. (2×)
7th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Garcia-Meza v. Mukasey, 516 F.3d 535, 536 (7th Cir. 2008).
cited Cited "see, e.g." Ali v. Mukasey
7th Cir. · 2008 · signal: see, e.g. · confidence low
See, e.g., Garcia-Meza v. Mukasey, 516 F.3d 535 (7th Cir.2008); Wei Cong Mei v. Ashcroft, 393 F.3d 737, 739 (7th Cir.2004).
Carlos GARCIA-MEZA, Petitioner,
v.
Michael B. MUKASEY, Attorney General of the United States, Respondent
07-2215.
Court of Appeals for the Seventh Circuit.
Feb 5, 2008.
516 F.3d 535
Manny A. Aguja (argued), Chicago, IL, for Petitioner., Lance L. Jolley (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.
Easterbrook, Chief Judge, and Flaum and Williams, Circuit Judges.
Cited by 31 opinions  |  Published
WILLIAMS, Circuit Judge.

The immigration authorities believe that Carlos Garcia-Meza has committed a “crime of moral turpitude” that warrants his removal from this country. See 8 U.S.C. § 1227(a)(2)(A)(i)(I). Garcia-Meza, a native and citizen of Mexico, has been a lawful permanent resident of the United States since 2001. The Illinois crime to which he pleaded guilty in 2002 sounds fearsome enough: “aggravated battery of a peace officer.” See 720 ILCS 5/12— 4(b)(6). But states are free to give whatever names they like to crimes, and a brief look at Illinois law shows that the behavior punished under this statute can be small potatoes. Spitting on someone, for example, qualifies as battery, and if the victim is a police officer, it is aggravated battery. See People v. Peck, 260 Ill.App.3d 812, 198 Ill.Dec. 760, 633 N.E.2d 222, 223 (1994). Garcia-Meza’s own crime was to grab two of a police officer’s fingers and twist them. He had asked for the officer’s name and at the same time, ill-advisedly moved his hand toward the officer’s name tag. The officer pushed his hand away, and that’s when the grabbing happened. The officer was not injured, and Garcia-Meza received two years’ probation.

The immigration judge and then the Board of Immigration Appeals rejected Garcia-Meza’s argument that his crime is not morally turpitudinous, and issued a final order of removal. This petition for review followed. For the reasons set out below, we grant the petition for review, vacate the BIA’s decision, and remand for further proceedings.

Although the phrase “crime involving moral turpitude” is notoriously baffling, the Supreme Court has rejected a vagueness challenge to it, Jordan v. De George, 341 U.S. 223, 232, 71 S.Ct. 703, 95 L.Ed. 886 (1951), so we will not dwell on Garcia-Meza’s own such challenge. See Soetarto v. INS, 516 F.2d 778, 780 (7th Cir.1975). The Board defines crime of moral turpitude as “conduct that shocks the public conscience as being ‘inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.’ ” In re Solon, 24 I. & N. Dec. 239, 240 (BIA 2007) (quoting In re Ajami, 22 I. & N. Dec. 949, 950 (BIA 1999)). We put our own gloss on the term in Mei v. Ashcroft, 393 F.3d 737, 740 (7th Cir.2004), stating that crimes of moral turpitude are usually serious crimes (in terms of the magnitude of the loss they cause or the indignation in the public they arouse) that are committed deliberately.

In holding in this case that an Illinois conviction for aggravated battery of a peace officer is such a crime, both the IJ and the BIA relied heavily on In re Danesh, 19 I. & N. Dec. 669 (BIA 1988), in which the Board found that a Texas conviction for aggravated assault on a police officer was a crime of moral turpitude. But a critical fact distinguishes this case from Danesh, although both the IJ and the BIA missed it. (The IJ stated that Danesh was “directly on point.”) Namely, the Texas statute at issue in that case required as an element that the officer sustain bodily injury. Id. at 673. The Illinois statute at issue here contains no such requirement. The BIA mistakenly thought that it[*537] does, but even the Attorney General concedes that this was error; we shall briefly explain why. The Illinois statute punishes two types of battery: intentionally or knowingly causing another “bodily harm,” or making “physical contact of an insulting or provoking nature.” 720 ILCS 5/12— 3(a)(1) — (2) (2003). Garcia-Meza’s charging papers indicate that he committed the second type of battery: he made contact of an insulting or provoking nature. A second Illinois statute lists aggravations of simple battery, including when the batterer “Knows the individual harmed to be a peace officer ... while such officer ... is engaged in the execution of any official duties.” 720 ILCS 5/12-4(b)(6) (2003). The Board thought that the language “the individual harmed” encompasses a bodily harm requirement, but the Supreme Court of Illinois rejected this reading almost thirty years ago, People v. Hale, 77 Ill.2d 114, 32 Ill.Dec. 548, 395 N.E.2d 929, 931-32 (1979), holding that “the individual harmed” simply means the victim of the battery. Battery of the insulting or provoking variety can indeed become aggravated battery against a peace officer even if the officer sustains no bodily injury.

This fact distinguishes our case from Danesh. The government believes the distinction is immaterial, but we disagree. The BIA itself in Danesh emphasized the bodily harm requirement in concluding that the assault crime was serious enough to be turpitudinous. 19 I. & N. Dec. at 673. The Board also noted that the Texas statute — like the Illinois statute here — requires that the accused know that the victim is a peace officer, and stated that violating it therefore “exhibits a deliberate disregard for the law.” Id. Hence the statute in Danesh shares the Illinois statute’s requirement that the accused know that the victim is an officer (suggesting that Garcia-Meza’s crime is turpitudinous) but is more demanding than the Illinois statute in requiring that the victim suffer bodily injury (suggesting that it is not).

The question then becomes whether knowledge that the victim is a police officer, without any requirement of harm or violence, renders battery of a peace officer turpitudinous. If so, the BIA’s decision can be saved despite the Board’s misapplication of the Illinois battery statute. The Board has not decided this precise question, but its subsequent reading of Danesh suggests that battery of a police officer without causing harm is not a crime of moral turpitude. In In re Sanudo, 23 I. & N. Dec. 968 (BIA 2006), the Board considered whether domestic battery in California is a crime of moral turpitude. In noting that assault and battery can be morally turpitudinous but usually aren’t, the court cited a string of decisions including Danesh that involved “the infliction of bodily harm upon a person whom society views as deserving of special protection, such as a child, a domestic partner, or a peace officer.” Id. at 971-72. But then the Board distinguished those cases, stating that the crimes there “were defined by statute to require proof of the actual infliction of some tangible harm on a victim.” Id. at 972. The domestic battery statute did not require bodily harm, and the court concluded that the victim’s protected status alone did not implicate moral turpitude. Id. at 973. Accord Galeana-Mendoza v. Gonzales, 465 F.3d 1054, 1059-60 (9th Cir.2006). Garcia-Meza’s case is analogous to Sañudo: while the victim is a member of a specially protected class (peace officers), the statute of conviction does not require any bodily harm, and special status alone may not be enough. Cf. In re Logan, 17 I. & N. Dec. 367, 368 (BIA 1980) (crime of “interference” with police officer is crime of moral turpitude because it involved a deadly weapon).

[*538] We have been discussing BIA decisions, but it is an open question in this circuit whether to accord Chevron-style deference to the Board’s conclusion that violation of a particular state statute amounts to a crime of moral turpitude. Mei, 393 F.3d at 739-40. Even if such deference were appropriate, the BIA has not decided the issue in this case, because it has not construed whether a conviction for battering a peace officer without causing bodily harm amounts to a crime of moral turpitude. We expect that in addressing this issue on remand, the Board will consult the decisions that have considered this subject in other contexts and concluded that an assault or battery on a police officer without bodily harm or other violence, or the intent to cause harm or use violence (also absent here), should not be included among crimes of moral turpitude. See Partyka v. U.S. Attorney General, 417 F.3d 408 (3d Cir.2005); U.S. ex rel. Zaffarano v. Corsi, 63 F.2d 757 (2d Cir.1933); Zaranska v. Dep’t of Homeland Security, 400 F.Supp.2d 500 (E.D.N.Y.2005); Ciambelli ex rel. Maranci v. Johnson, 12 F.2d 465 (D.Mass.1926). This is not necessarily to say that these decisions preclude the Board from reaching a different decision, but a rational (and wise) adjudicator will take account of the conclusions that others have reached, and the reasons behind those conclusions.

Illinois follows the common law rule that any contact, however slight, may constitute a battery. See Acevedo v. Canterbury, 457 F.3d 721, 725 (7th Cir.2006). At oral argument, we posed the hypothetical that in Illinois, an individual angry at being given a parking ticket might crumple up the ticket and throw it on the ground and face charges of aggravated battery if the ticket hit the issuing officer’s shoe. We would be surprised if the BIA concluded that such behavior is “inherently base, vile, or depraved,” or that it would “shock the public’s conscience.” In the language of this court’s decision in Mei, the magnitude of the loss it causes is small (there is no injury, although the officer might have hurt feelings), and it does not arouse great public indignation (everybody hates parking tickets). We also asked the parties for a citation of any decision in which battery or assault of a police officer without violence or bodily harm was found to be a crime of moral turpitude. The government pointed to Mei, in which we found that aggravated (meaning high-speed) fleeing from an officer is such a crime. But that case did not involve an assault or battery statute, and regardless, the difference between a 100+ mile-per-hour car chase and a little finger grabbing seems obvious enough.

At the end of the day, it is the Board’s prerogative to decide whether Garcia-Meza committed a crime of moral turpitude. For the reasons we have explained, its decision that his offense is such a crime is based on a misapprehension of Illinois law and must be vacated. We therefore GRANT the petition for review. Since we are remanding for further proceedings, we do not today reach Garcia-Meza’s argument that his criminal defense counsel rendered ineffective assistance by failing to advise him of the immigration consequences of pleading guilty to battery.