Villa

Villa v. Mukasey

Good Law
306 F. App'x 389
United States Court of Appeals for the Ninth CircuitJanuary 5, 2009Nos. 04-71033, 05-74126California1,016 words

Opinion

Lead Opinion

MEMORANDUM **

Victor William Molina de la Villa (“Molina”) seeks review of an order of removal issued by the Board of Immigration Appeals (“BIA”) on February 18, 2004. The BIA determined that Molina was inadmissible as an arriving alien who had been convicted of a crime involving moral turpitude. See 8 U.S.C. § 1182 (a)(2)(A)(i) (2008); 8 U.S.C. § 1101 (a)(13)(C)(v) (2006). We have jurisdiction under the Immigration and Nationality Act (“INA”) § 242, 8 U.S.C. § 1252 ; see, e.g., Camins v. Gonzales, 500 F.3d 872, 876 (9th Cir.2007) (exercising jurisdiction under 8 U.S.C. § 1252 (a)(2)(D)). For the reasons stated below, we deny the petition for review.

This court has found that 8 U.S.C. § 1101 (a)(13)(C)(v) may reasonably be applied retroactively. See id. at 880 . Molina argues that 8 U.S.C § 1101(a)(13)(C)(v) has an impermissible retroactive effect in his case under Landgraf v. USI Film Products, 511 U.S. 244 , 114 S.Ct. 1483 , 128 L.Ed.2d 229 (1994) because at the time of his conviction Molina’s crime would not have rendered him inadmissible after a short trip abroad. Under Landgraf , this court employs a two-step analysis. See Hernandez de Anderson v. Gonzales, 497 F.3d 927,…

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