The Board of Immigration Appeals has sustained DHS's appeal and held that a conviction for second-degree assault and battery under S.C. Code § 16-3-600(D)(1) is categorically a crime involving moral turpitude. The statute requires at minimum a reckless mental state and the actual or attempted infliction of "moderate bodily injury."  The Board explained that although simple assault with general intent is generally not a crime involving moral turpitude, recklessness coupled with sufficiently grave harm can be, and held that "moderate bodily injury," which includes fractures, dislocations, and certain temporary impairments, meets that standard without requiring actual serious injury. It also held that the nonconsensual touching of private parts covered by the other subparagraph is morally reprehensible conduct.

The full text of Matter of Christian Callos Mercader can be found here: https://www.justice.gov/eoir/media/1468861/dl?inline

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