The Fifth Circuit has declined to apply the realistic probability test in the context of a crime involving moral turpitude analysis.  Instead, it reaffirmed that when analyzing whether a conviction is a categorical match to the definition of a crime involving moral turpitude, the minimum conduct criminalized under the statute must be considered.

The full text of Mercado v. Lynch can be found here: http://www.ca5.uscourts.gov/opinions/pub/14/14-60539-CV0.pdf

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