St. Juste v. Commissioner of Correction

The Appellate Court dismissed as moot Petitioner’s appeal from the judgment of the habeas court, which denied his amended petition for a writ of habeas corpus challenging his conviction of assault in the second degree. The Appellate Court concluded that the habeas appeal was rendered moot by Petitioner’s subsequent deportation to Haiti where any relief provided in relation to Petitioner’s assault conviction would have no effect on his ability to lawfully reenter the United States or to become a citizen. The court specifically ruled that a prior unchallenged conviction of threatening in the second degree in violation of Conn. Gen. Stat. 53a-62(a), which the court concluded constituted a crime of moral turpitude under the Immigration and Nationality Act, would remain as an impediment to Petitioner’s reentry. The Supreme Court reversed, holding (1) section 53a-62(a) is a divisible statute because it lists potential offense elements in the alternative, not all of which constitute crimes of moral turpitude as defined by 8 U.S.C. 1101(a)(13)(C)(v) of the Act; and (2) therefore, the Appellate Court improperly determined that Petitioner’s threatening conviction constituted a crime of moral turpitude that rendered moot his habeas appeal challenging his assault conviction. View "St. Juste v. Commissioner of Correction" on Justia Law