Diem Thi Huynh v. Holder

*651 MEMORANDUM *

Petitioners Diem Thi Huynh and Sang Van Nguyen, wife and husband, petition for review of the Board of Immigration Appeals’ (BIA) affirmance without opinion of an immigration judge’s (IJ) determinations that they are inadmissible and not entitled to relief from removal. We have jurisdiction to review these petitions, now consolidated, under 8 U.S.C. § 1252 (a). We review the IJ’s decisions, because the BIA affirmed the IJ’s decisions without opinion. Ndom v. Ashcroft, 384 F.3d 743, 750 (9th Cir.2004). We grant Huynh’s petition (No. 05-73446), but deny Nguyen’s (No. 05-73462).

1. Huynh contests the IJ’s determination that her convictions for knowingly using, transferring, acquiring, and possessing food stamps coupons of a value of $5,000 or more under 7 U.S.C. § 2024 (b) and for conspiracy to traffic in food stamp coupons under 18 U.S.C. § 371 constitute crimes involving moral turpitude rendering her inadmissible under 8 U.S.C. § 1182 (a)(2)(A)(i)(I). We review de novo the legal question of whether a crime involves moral turpitude. Carty v. Ashcroft, 395 F.3d 1081, 1083 (9th Cir.2005).

To determine whether either of Huynh’s crimes of conviction is a crime…