Lakhwinder Latter-Singh v. Eric H. Holder Jr.

Petitioner Lakhwinder Latter-Singh (“Singh”), a native and citizen of India, petitions for review of the Board of Immigration Appeals’s (“BIA”) order dismissing his appeal. Singh claims that the BIA wrongly determined that a violation of California Penal Code § 422 constitutes a crime involving moral turpitude (or “CIMT”), thus rendering him removable. Although we previously determined that a violation of § 422 is an aggravated felony, see Rosales-Rosales v. Ashcroft, 347 F.3d 714, 717 (9th Cir.2003), we have not yet decided whether § 422 is categorically a crime involving moral turpitude. We do so now and answer the question in the affirmative. We also address and reject Singh’s other claimed errors.

I

Singh entered the United States illegally in January 1993 and received a grant of asylum in September of that year. Singh never obtained legal permanent residency in the United States.

Singh came to the attention of asylum officers after he was convicted for making threats “with intent to terrorize” in violation of California Penal Code § 422. In March 2004, the Department of Homeland Security (“DHS”) commenced removal proceedings against Singh by serving him with a…