Josue Herrera v. Eric Holder, Jr.

FILED

NOT FOR PUBLICATION MAY 27 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSUE DANIEL HERRERA, No. 12-71462

Petitioner, Agency No. A088-673-586

v.

MEMORANDUM*

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted December 3, 2013 San Francisco, California

Before: TROTT, THOMAS, and MURGUIA, Circuit Judges.

Josue Herrera petitions for review of the Board of Immigration Appeals’

(“BIA”) conclusion that his conviction under Ariz. Rev. Stat. Ann. § 13-

1202(A)(3) is categorically a crime involving moral turpitude, subjecting him to

deportation under 8 U.S.C. § 1227(a)(2)(A)(i). Because the parties are familiar

with the facts and procedural history of the case, we need not recount them here.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Because we conclude that Section 13-1202(A)(3) is not categorically a crime of

moral turpitude, we grant the…