Young Ok Kepilino v. Alberto R. Gonzales, Attorney General

Petitioner Young Ok Kepilino appeals the Board of Immigration Appeals’s (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) decision finding Kepilino inadmissible under section 212(a)(2)(D)® of the Immigration and Nationality Act (“INA”) (codified at 8 U.S.C. § 1182 (a)(2)(D)®). The IJ held that Kepi-lino’s 1999 prostitution conviction under Hawaii Revised Statute (“H.R.S.”) section 712-1200 rendered her inadmissible under section 212(a)(2)(D)® of the INA, which renders inadmissible any alien who “is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status.” 8 U.S.C. § 1182 (a)(2)(D)®. Kepilino contends that her Hawaii prostitution conviction does not trigger section 212(a)(2)(D)® because Hawaii’s definition of prostitution is overly broad and “has gone far beyond the well-accepted and understood meaning of prostitution.” This issue is one of first impression in the Ninth Circuit.

We have jurisdiction under 8 U.S.C. § 1252 . Because we agree with Kepilino that Hawaii’s definition of prostitution encompasses acts…