191285P.pdf   06/23/2020  Jose Ortiz  v.  William P. Barr
   U.S. Court of Appeals Case No:  19-1285
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Melloy, 
   Circuit Judge] 
   Petition for Review - Immigration. For the court's prior opinion in the 
   matter holding that Ortiz's Minnesota conviction for obstruction of legal 
   process was not categorically a crime of violence and remanding the matter 
   to permit the BIA to decide whether his prior conviction nonetheless 
   subjected him to removal under 8 U.S.C. Sec. 1227(a)(2)(A)(i) as a crime 
   of moral turpitude, see Ortiz v. Lynch, 796 F.3d 932 (8th Cir. 2015). Upon 
   an examination of the provisions of Minn. Stat. Ann. Sec. 609.50, subdiv. 
   1(1)-(2), there is a realistic probability that Minnesota would apply its 
   obstruction of legal process statute to cases that lacked the requisite 
   degree of scienter necessary to constitute a crime of moral turpitude; 
   additionally, the level of harm required to complete the offense is also 
   insufficient to constitute a crime of moral turpitude; as a result, the 
   BIA erred in finding that a conviction under Minn. Stat. Ann. Sec. 609.50, 
   subdiv. 2(2) is categorically a crime involving moral turpitude; petition 
   for review granted and order of removal vacated.