In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding attempted second degree gang assault under N.Y.P.L. 110.00-120.06 not to be a crime involving moral turpitude. The Board noted that New York courts have found the offense to be a “legally impossible” crime for trial purposes because it imposes liability for attempting to cause an unintended result, and that strict liability crimes are not recognized as involving moral turpitude. The decision was written by Member Roger Pauley and joined by Member Anne Greer and Member Garry Malphrus.