Jean St. Juste v. Commissioner of Correction

Summary

The court held that the petitioner's habeas appeal was not moot because the record did not establish that his prior threatening conviction was a crime involving moral turpitude that would permanently bar his reentry into the United States. Because the threatening statute is divisible and the record did not identify the subdivision underlying the conviction, the court applied a modified categorical approach and concluded that the petitioner could have been convicted under the reckless subdivision, which does not categorically constitute a crime involving moral turpitude. The court reversed and remanded for consideration of the merits of the habeas appeal.