Drew Montgomery Walker v. U.S. Attorney General
2015 U.S. App. LEXIS 6524, 783 F.3d 1226 (2015)
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Rule of Law:
A conviction for uttering a forged instrument under a statute that requires knowingly presenting a false document as true necessarily involves an act of deceit. Therefore, it categorically qualifies as both an aggravated felony under 8 U.S.C. § 1101(a)(43)(M)(i) and a crime involving moral turpitude under 8 U.S.C. § 1227(a)(2)(A)(ii).
Facts:
- Drew Walker, a citizen of Jamaica, was admitted to the United States as a lawful permanent resident in 1990.
- In 2001, Walker pleaded no contest to three counts of uttering a forged instrument in violation of Florida law.
- One of Walker's convictions involved an amount exceeding $10,000.
- The Florida statute for uttering a forged instrument criminalizes publishing a known false instrument as true with the 'intent to injure or defraud any person'.
Procedural Posture:
- The Department of Homeland Security commenced removal proceedings against Drew Walker in immigration court.
- An immigration judge ruled that Walker was removable for having been convicted of an aggravated felony and multiple crimes involving moral turpitude.
- Walker, as appellant, appealed the immigration judge's decision to the Board of Immigration Appeals (BIA).
- The BIA, as appellee, affirmed the immigration judge's decision and dismissed Walker's appeal.
- Walker, as petitioner, filed a petition for review of the BIA's order in the U.S. Court of Appeals for the Eleventh Circuit.
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Issue:
Does a conviction for uttering a forged instrument under Florida Statutes § 831.02, which requires an 'intent to injure or defraud,' categorically constitute an 'aggravated felony' under federal immigration law because the offense necessarily involves an element of deceit?
Opinions:
Majority - William Pryor, Circuit Judge
Yes. A conviction for uttering a forged instrument under Florida law is categorically an aggravated felony because it inherently involves deceit. The court applied the categorical approach, analyzing only the statutory definition of the offense. Walker argued that because the statute allows for conviction based on an 'intent to injure or defraud,' it does not necessarily require deceit. The court rejected this argument, reasoning that the core conduct of the offense—'utters and publishes as true' something the person 'know[s]' to be 'false'—is the very definition of deceit, regardless of the ultimate intent. Because the act of knowingly presenting a false document as genuine is inherently deceitful, the crime satisfies the federal definition of an aggravated felony involving 'fraud or deceit.' The court further held, in the alternative, that this same inherent deceit makes the offense a crime involving moral turpitude.
Analysis:
This decision clarifies the application of the categorical approach to statutes containing alternative elements of intent, such as 'intent to injure or defraud.' The court establishes that the analysis is not limited to the statute's specific intent requirements but must also consider the inherent nature of the underlying conduct required for a conviction. By holding that knowingly passing a false document as true is per se deceitful, the court sets a precedent that makes it more difficult for non-citizens convicted under similar statutes to avoid classification of their crimes as aggravated felonies or crimes of moral turpitude for immigration purposes.
