Manzar

Manzar v. Mukasey

Good Law
266 F. App'x 656
United States Court of Appeals for the Ninth CircuitFebruary 13, 2008No. 06-73291California1,234 words

Opinion

lead Opinion

MEMORANDUM **

Konstantin V. Manzar petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the Immigration Judge’s (“IJ”) orders finding him removable and denying his application for asylum, withholding of removal, or withholding under the Convention Against Torture (“CAT”). We deny the petition.

I. REMOVABILITY

Manzar argues that the BIA erred in finding that he was removable for having committed a crime involving moral turpitude. Manzar was convicted in Washington Superior Court of felony harassment for threatening to kill someone in violation of Wash. Rev.Code. § 9A.46.020. The BIA has held that the intentional transmission of a “threat to kill another or inflict physical injury against the victim” is “evidence of a vicious motive or a corrupt mind” and qualifies as a crime involving moral turpitude. Matter of Ajami 22 I. & N. Dec. 949, 952 (B.I.A.1999). We review de novo the question of whether a state statutory crime constitutes a crime involving moral turpitude. Carty v. Ashcroft, 395 F.3d 1081, 1083 (9th Cir.2005).

Because the statute of conviction may be broader than the generic crime involving moral turpitude, we utilize…

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