Matter of Margaret VUCETIC (BIA 2021)

Decided March 31, 2021
Generally, a simple DUI will not result in automatic immigration consequences (e.g., a Crime Involving Moral Turpitude (CIMT), aggravated felony, etc.).
However, if the statute of conviction includes a requirement that the defendant drive under the influence while knowing or having reason to know that his or her license is suspended, the conviction will likely be considered a CIMT.
In this case, the Board of Immigration Appeals found a CIMT like in Matter of Lopez-Meza where an Arizona statute required the defendant “drive” a motor vehicle, although in this case the New York statue merely required the defendant “operate” a motor vehicle.