Navarro-Lopez

FACTS AND PRIOR PROCEEDINGS

Navarro-Lopez is a native and citizen of Mexico who entered the United States in June 1984. On August 9, 1999, Navarro-Lopez pleaded guilty to a violation of Cal. Penal Code § 32, accessory after the fact, and was sentenced to 270 days in jail and three years probation. In February 2001, Navarro-Lopez traveled to Tijuana, Mexico. When he tried to re-enter the United States, he was denied entry and detained. Thereafter the Immigration and Naturalization Service (INS) filed an amended Notice to Appear (NTA) charging that he was inadmissible because he did not have valid entry docu- ments under 8 U.S.C. § 1182(7)(A)(i)(I) and for having been convicted of a crime involving moral turpitude under 8 U.S.C. § 1182(2)(A)(i)(I). At his merits hearing Navarro-Lopez con- ceded the charge of inadmissibility under 8 U.S.C. § 1182(a) (7)(A)(i)(I), but argued that his Cal. Penal Code § 32 convic- tion did not constitute a crime involving moral turpitude. The IJ determined that Navarro-Lopez’s conviction of violating Cal. Penal Code § 32 constituted a crime involving moral tur- pitude under 8 U.S.C. § 1182(2)(A)(i)(I):

It is a crime involving moral turpitude because a…