Long

Long v. Holder

Good Law
472 F. App'x 652
United States Court of Appeals for the Ninth CircuitApril 13, 201204-75566California385 words

Opinion

Opinion

MEMORANDUM

Carmen Long petitions for review of the BIA’s determination that she is ineligible for relief from removal. We have jurisdiction to consider questions of law raised in the petition of an alien who is removable because of a conviction for a crime involving moral turpitude. 8 U.S.C. § 1252 (a)(2)(D); Garcia-Jimenez v. Gonzales, 488 F.3d 1082, 1085 (9th Cir.2007).

Long is a seventy-two year old citizen of the Philippines. She has been a lawful permanent resident of the United States since 1964. Long was convicted of a crime involving moral turpitude more than thirty years ago. Immigration and Customs Enforcement (ICE) served Long with a notice to appear when she returned from a brief trip abroad. ICE alleged that Long was inadmissible as an alien convicted of a crime involving moral turpitude. See 8 U.S.C. § 1182 (a)(2)(A)(i)(I).

Long argued that she was returning from an “innocent, casual and brief’ trip abroad, which was not meant to be meaningfully interruptive of her lawful permanent resident status. See Rosenberg v. Fleuti 374 U.S. 449 , 83 S.Ct. 1804 , 10 L.Ed.2d 1000 (1963). The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)…

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