United States v. Roberto Ramos-Perez

MEMORANDUM

Defendant Roberto Ramos-Perez appeals the district court’s denial of his motion to dismiss an indictment charging him with being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326 , and for using a false document to gain admission to the United States, in violation of 18 U.S.C. § 1546 (a). After the court denied his motion, Defendant entered a conditional guilty plea, preserving the dismissal ruling for appeal. We affirm.

1. Defendant first argues that his deportation was invalid because his conviction for assault with a deadly weapon, in violation of section 245(a)(1) of the California Penal Code, was not a conviction for a crime of moral turpitude. Our recent decision in Ceron v. Holder, 712 F.3d 426, 427-28 (9th Cir.2013), forecloses this argument. In Cerón, we held that this exact crime qualifies categorically as a crime involving moral turpitude.

2. Defendant also argues that he is entitled to the “petty offense” exception to inadmissibility, 8 U.S.C. § 1182 (a)(2)(A)(ii)(II), for his conviction of grand theft, in violation of section 487 of the California Penal Code. This argument is unavailing because it depends on the…