Noel Ali Rodriguez-Herrera v. Immigration and Naturalization Service

In this case we are asked to determine whether second degree malicious mischief, as defined in the Revised Code of Washington (“ROWS”) § 9A.48.080, is necessarily a crime involving “moral turpitude” for purposes of establishing deportability under § 241(a)(4) of the Immigration and Nationality Act,- 8 U.S.C. § 1251 (a)(4) (1988). Because Washington’s crime of malicious mischief in the second degree is a relatively minor offense and does not necessarily involve a base act contrary to moral standards, we hold that it does not qualify as a crime of moral turpitude.

I

Noel Ali Rodriguez-Herrera was admitted to the United States as a lawful permanent resident in September 1978. In May 1983, he was charged with two counts of malicious mischief in the second degree, and one count of malicious mischief in the third degree under RCW §§ 9A.48.080 and 9A.48.090. The information alleged that he and another individual damaged three automobiles. Rodriguez eventually pleaded guilty to one count of second degree malicious mischief. In May 1986, Rodriguez was charged with two counts of arson in the first degree in violation of RCW § 9A.48.020(1)(A), (1)(B), (1)(C). He pleaded guilty to one of…