Edgar Leal v. Eric Holder, Jr.

Edgar Leal (“Leal”) petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of a final order of removal. The BIA held that Leal had been convicted of a crime involving moral turpitude (“CIMT”) and was thus ineligible for cancellation of removal. We hold that the BIA reasonably determined that felony endangerment in Arizona is a CIMT and thus deny the petition for review.

I. Background

Leal is a native and citizen of Mexico, born in Culiacan, Mexico, on October 5, 1978, who entered the United States on January 1, 1990, without being admitted or paroled. Leal has four U.S. citizen children, and his spouse and parents are lawful permanent residents of the United States who reside in Arizona.

On March 12, 2007, Leal pled guilty to, and was subsequently convicted of, felony endangerment under Arizona Revised Statute § 13-1201 and misdemeanor driving under the influence of intoxicating liquor (“DUI”) under Arizona Revised Statute § 28-1381(A)(l). The Department of Homeland Security (“DHS”) thereafter initiated removal proceedings against Leal, charging him with removability as a person who is present in the United States without having been…