Robles-Urrea

Robles-Urrea v. Holder

Caution
678 F.3d 702·2012 WL 1382856
United States Court of Appeals for the Ninth CircuitApril 23, 201206-71935, 06-74826California4,400 words

Opinion

Opinion

Reinhardt, J.

Marco Antonio Robles-Urrea, a lawful permanent resident of the United States, petitions for review of a precedential decision of the Board of Immigration Appeals (“BIA”), holding that his conviction for misprision of a felony is categorically a crime involving moral turpitude under 8 U.S.C. § 1182 (a)(2)(A)(i)(I). We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D) to review constitutional and legal questions raised by aliens found removable on the basis of criminal activity. Galeana-Mendoza v. Gonzales, 465 F.3d 1054, 1056-57 (9th Cir.2006). We grant the petition for review in No. 06-74826 and deny as moot the petition for review in No. 06-71935.

A crime involving moral turpitude is either one that involves fraud or one that involves grave acts of baseness or depravity, such that its commission “offend[s] the most fundamental values of society.” Navarro-Lopez v. Gonzales, 503 F.3d 1063,1074-75 (9th Cir.2007) (en banc) (Reinhardt, J., concurring for the majority), overruled on other grounds by United States v. Aguila-Montes de Oca, 655 F.3d 915 (9th Cir.2011) (en banc). That an offense contravenes “societal duties” is not enough to make it a crime involving moral…

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