Hung Lin Wu v. Mukasey

MEMORANDUM **

Hung Lin Wu, a 45-year-old permanent resident of the United States and citizen of Taiwan, petitions for review of the Board of Immigration Appeals’ decision that he is inadmissible and its denial of his applications for cancellation of removal and a waiver of inadmissibility. The BIA concluded that Wu’s conviction for trafficking in counterfeit labels, in violation of 18 U.S.C. § 2318 , was a crime involving moral turpitude and therefore Wu was inadmissible under 8 U.S.C. § 1182 (a)(2)(A)(i)(I). The BIA also concluded that the offense of trafficking in counterfeit labels under § 2318 is an aggravated felony under 8 U.S.C. § 1101 (a)(43)(R) because such conduct “related to counterfeiting,” making Wu ineligible for cancellation of removal, 8 U.S.C. § 1229b, and waiver, 8 U.S.C. § 1182 (h). We deny the petition for review.

“[A]ny alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of ... a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime ... is inadmissible.” 8 U.S.C. § 1182 (a)(2)(A)(i)(I). To determine whether a crime…