Jose Carlos Gonzalez-Alvarado v. Immigration & Naturalization Service

Jose Carlos Gonzalez-Alvarado is a Mexican citizen who lawfully entered the United States in September 1985 as a permanent resident alien married to a United States citizen. According to the government, soon after his arrival Gonzalez had sexual intercourse with his 11-year-old stepdaughter on at least two occasions. He was subsequently convicted in Washington state on two counts of first degree incest and sentenced to two concurrent 20-month terms of incarceration.

In 1990, the government initiated deportation proceedings against Gonzalez under 8 U.S.C. § 1251 (a)(4) (1988), which requires deportation of an alien who within five years of entry is convicted and sentenced to confinement for a year or more for a “crime involving moral turpitude.” Gonzalez contended his 1986 convictions were not for crimes “involving moral turpitude” within the meaning of section 1251(a)(4). The immigration judge and the Board of Immigration Appeals rejected his argument, and Gonzalez petitions for review.

We review de novo whether the statutory basis for an alien’s conviction defines a crime involving moral turpitude. Goldeshtein v. INS, 8 F.3d 645 , 647 n. 4 (9th Cir.1993). In making this…