Enrique Cuevas-Gaspar v. Alberto R. Gonzales, Attorney General

Enrique Cuevas-Gaspar (“Cuevas-Gas-par”), an alien with legal permanent resident status, petitions for review of the Board of Immigration Appeal’s (“BIA”) *1016 conclusion that Cuevas-Gaspar is removable. Cuevas-Gaspar was convicted for being an accomplice to residential burglary under Washington law. Cuevas-Gaspar asserts that the, BIA- erred in concluding that he was removable because his conviction constituted a crime of moral turpitude. Cuevas-Gaspar also asserts that his presence in the United States as an unemanci-pated minor residing with his lawfully-admitted mother should count towards the requirement, under Immigration and Nationality Act (“INA”) § 240A(a)(2), 8 U.S.C. § 1229b(a)(2), that he have resided in the United States continuously for seven years “after having been admitted in any status.”

We have jurisdiction over Cuevas-Gas-par’s petition for review pursuant to INA § 242(b)(2), 8 U.S.C. § 1252 (b)(2). See Notash v. Gonzales, 427 F.3d 693, 695-96 (9th Cir.2005). We grant the petition and remand to the BIA for further proceedings.

BACKGROUND

Petitioner Enrique Cuevas-Gaspar (“Cuevas-Gaspar”) is a 21-year-old native and citizen of Mexico. He was admitted to the…

dissenting.

I cannot agree with the proposition that burglary of a dwelling is not necessarily a crime of moral turpitude. Washington’s burglary statute punishes anyone who, “with intent to commit a crime against a person or property therein ... enters or remains unlawfully in a dwelling other than a vehicle.” Wash. Rev.Code *1030 § 9A.52.025(1). A dwelling is a-“building or structure ... which is used or ordinarily used by a person for lodging.” Id. § 9A.04.110(7). Since 1935, Ninth Circuit cases have consistently treated burglary as a crime -involving moral turpitude. See Baer v. Norene, 79 F.2d 340, 341 (9th Cir.1935); see also, e.g., Alberto-Gonzalez v. INS, 215 E,3d 906, 908 n. 5 (9th Cir. 2000); Perez v. INS, 116 F.3d 405, 407 (9th Cir.1997); De La Cruz v. INS, 951 F.2d 226, 228 (9th Cir.1991); Mahini v. INS, 779 F.2d 1419, 1421 (9th Cir.1986). I have found no case from this or any other circuit holding otherwise. See, e.g., Sierra-Reyes v. INS, 585 F.2d 762 , 763 (5th Cir. 1978); United States v. Stromberg, 227 F.2d 903, 905 (5th Cir.1955); Rudolph v. United States ex rel. Rock, 6 F.2d 487, 490 (D.C.Cir.1925). In fact, in Ye v. INS, 214 F.3d 1128 , 1134 n. 5 (9th…

430 F.3d 1013 Enrique CUEVAS-GASPAR, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. No. 03-73562. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 11, 2005. Filed December 7, 2005. COPYRIGHT MATERIAL OMITTED Soren M. Rottman, Northwest Immigrant Rights Project, Granger, WA, for the petitioner. Bryan S. Beier, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. Avd-mgg-tjn. Before: FERNANDEZ, TASHIMA, and GOULD, Circuit Judges. TASHIMA, Circuit Judge: 1 Enrique Cuevas-Gaspar ("Cuevas-Gaspar"), an alien with legal permanent resident status, petitions for review of the Board of Immigration Appeal's ("BIA") conclusion that Cuevas-Gaspar is removable. Cuevas-Gaspar was convicted for being an accomplice to residential burglary under Washington law. Cuevas-Gaspar asserts that the BIA erred in concluding that he was removable because his conviction constituted a crime of moral turpitude. Cuevas-Gaspar also asserts that his presence in the United States as an unemancipated minor residing with his lawfully-admitted mother should count…