Rluth Luther v. Eric Holder, Jr.

MEMORANDUM

Rluth Luther, a native and citizen of Tonga and a citizen of the Federated States of Micronesia, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision affirming the Immigration Judge’s order removing Luther to the Federated States of Micronesia. Luther disputes the BIA’s conclusion that he was convicted of a crime involving moral turpitude (“CIMT”) under 8 U.S.C. § 1227 (a)(2)(A)(i). This Court has jurisdiction to review the BIA’s conclusion that Luther’s conviction is a CIMT. See 8 U.S.C. § 1252 (a)(2)(D) (providing for judicial review of legal questions raised by individuals found removable based on criminal activity); see also Marmolejo-Campos v. Holder, 558 F.3d 903, 907 (9th Cir.2009) (en banc).

The BIA correctly determined that Luther’s crime of conviction was a CIMT. Luther pleaded guilty to violating Hawaii Revised Statute § 707-711(1)(d), which provides that “[a] person commits the offense of assault in the second degree if ... [t]he person intentionally or knowingly .causes bodily injury to another with a dangerous instrument.” Although simple assaults are not CIMTs, “[sjome assault statutes ... have been held to be CIMTs.” Uppal v.…