The Tenth Circuit has upheld the agency’s negative good moral character determination for an individual convicted of a recidivist DUI offense within the 10 year good moral character, even though the three prior convictions that made him a recidivist were from 20 years prior. “The BIA and IJ treated Petitioner’s 2017 DUI conviction so seriously because it was his fourth such conviction. In doing so, the BIA and IJ were not reflecting on what Petitioner’s moral character had been back in 1995 or 1996. Rather, they were saying that his moral character was bad in 2017 because he was unable to keep himself from repeating serious misconduct for which he had been convicted.”
The full text of Luna-Corona v. Bondi can be found here: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111337652.pdf