How have courts interpreted the term "habitual drunkard" in the context of good moral character assessments?

MultiRegion, United States of America

The following excerpt is from Ledezma-Cosino v. Sessions, 857 F.3d 1042 (9th Cir. 2017):

Finally, as we have noted, the assessment of good moral character in the immigration context requests the agency to "weigh and balance the favorable and unfavorable facts or factors, reasonably bearing on character, that are presented in evidence." Torres-Guzman v. INS , 804 F.2d 531, 534 (9th Cir. 1986). Although this general concept does not construe the "habitual drunkard" provision, it reinforces the idea of the general purpose of the statute, and the need for a case-by-case determination. Consistent with this approach, courts have declined to find a lack of good moral character based on isolated alcohol-related conduct. For example, several district courts have held that a single conviction for driving under the influence ("DUI")and sometimes more than onecannot render someone a person of bad

[857 F.3d 1058]

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