In the United States Court of Appeals For the Second Circuit ______________

August Term, 2020 (Submitted: February 26, 2021 Decided: May 9, 2022 Amended: July 29, 2022) ∗

Docket No. 19-4289 ______________

JUNG HEE JANG, AKA JUNG H. JANG, AKA JUNGHEE JANG,

Petitioner,

–v.–

MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, ∗∗

Respondent. ______________ B e f o r e:

KEARSE and CARNEY, Circuit Judges. *** ______________

∗ After due consideration of the Attorney General’s petition for panel rehearing, we hereby deny the petition and, for clarification, nostra sponte amend our opinion.

Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Merrick B. ∗∗ Garland is automatically substituted for former Acting Attorney General Jeffrey A. Rosen as Respondent.

Judge Robert A. Katzmann, originally a member of the panel that heard this case, died before *** this Opinion issued. The two remaining judges, being in agreement, have decided the matter. 2d Cir. IOP E(b). Petitioner Jung Hee Jang, a native and citizen of South Korea, seeks review of a Board of Immigration Appeals decision affirming an Immigration Judge’s denial of Jang’s application for cancellation of removal. In re Jung Hee Jang, No. A206-223-573 (B.I.A. Nov. 20, 2019), aff’g No. A206-223-573 (Immig. Ct. N.Y.C. Apr. 19, 2018). The agency found Jang ineligible for cancellation because of her state conviction for attempted second-degree money laundering, see N.Y. Penal L. § 470.15(1)(b)(ii)(A), which it deemed a “crime involving moral turpitude” (“CIMT”) under the Immigration and Nationality Act, see 8 U.S.C. § 1182(a)(2). We agree with Jang that, because her crime of conviction lacks the requisite scienter, it is not a CIMT. She is therefore eligible for cancellation of removal.

PETITION GRANTED. ______________

David K. S. Kim, Law Office of David K. S. Kim, P.C., Flushing, NY, for Petitioner.

Ethan P. Davis, Acting Assistant Attorney General, Shelley R. Goad, Assistant Director; Tim Ramnitz, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for Respondent. ______________ CARNEY, Circuit Judge:

Petitioner Jung Hee Jang, a native and citizen of South Korea, seeks review of a Board of Immigration Appeals (“BIA”) decision finding her ineligible for cancellation of removal because of her 2014 New York conviction for attempted second-degree money laundering under N.Y. Penal Law §§ 110 and 470.15(1)(b)(ii)(A) (McKinney 2009). In re Jung Hee Jang, No. A206 -223-573 (B.I.A. Nov. 20, 2019), aff’g No. A206-223-573 (Immig. Ct. N.Y.C. Apr. 19, 2018). The agency deemed her offense a crime involving moral turpitude (“CIMT”) under the Immigration and Nationality Act (“INA” or “the Act”), 8 U.S.C. § 1182(a)(2)(A)(i)(I); see also 8 U.S.C. § 1229b(b)(1)(C) (permitting Attorney General to cancel removal of noncitizen only when noncitizen “has not been convicted

2 of an offense under section 1182(a)(2)”). On review, we agree with Jang that her offense of conviction lacks the scienter required to qu