In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record upon finding the Immigration Judge erroneously determined the respondent to be ineligible for voluntary departure. The Board stated that while the respondent’s Texas conviction for “Class A” assault with family violence might qualify as a crime involving moral turpitude, it would be subject to the “petty offense” exception in INA 212(a)(2)(A)(ii)(II). The decision was written by Member Sharon Hoffman and joined by Member John Guendelsberger and Member Elise Manuel.