770 F.3d 861 (9th Cir. 2014), 13-70756, Espino-Castillo v. Holder

Docket Nº:13-70756
Citation:770 F.3d 861
Opinion Judge:SCHROEDER, Circuit Judge.
Party Name:FELIPE ESPINO-CASTILLO, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent
Attorney:Hugo F. Larios (argued), Hugo F. Larios Law, PLLC, Tempe, Arizona, for Petitioner. Stuart F. Delery, Assistant Attorney General, Civil Division, Blair T. O'Connor, Assistant Director, Office of Immigration Litigation, Edward C. Durant and Jonathan Robbins (argued), United States Department of Jus...
Judge Panel:Before: J. Clifford Wallace, Mary M. Schroeder, and William A. Fletcher, Circuit Judges.
Case Date:October 29, 2014
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
SUMMARY

Petitioner, a native and citizen of Mexico, sought review of the BIA's order of removal. Petitioner was convicted under Ariz. Rev. Stat. 13-2002(A) for using false information in order to obtain employment. The court held that Congress has not exempted state fraud convictions from characterization as crimes involving moral turpitude, when the underlying conduct involved fraud in an application... (see full summary)

 
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770 F.3d 861 (9th Cir. 2014)

FELIPE ESPINO-CASTILLO, Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General, Respondent

No. 13-70756

United States Court of Appeals, Ninth Circuit

October 29, 2014

Argued and Submitted September 11, 2014, San Francisco, California

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A205-414-449.

SUMMARY1

Immigration

The panel denied Felipe Espino-Castillo's petition for review of the Board of Immigration Appeals' decision finding that his state law forgery conviction qualified as a crime involving moral turpitude.

The panel held that petitioner's conviction under Arizona Revised Statutes § 13-2002 constituted a categorical crime involving moral turpitude because the statute criminalizes conduct that constitutes fraud. The panel held that the exception in Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000), to the clearly established rule that a fraud conviction is a CIMT did not apply to this offense, where the underlying conduct involved the use of false information to obtain employment.

Hugo F. Larios (argued), Hugo F. Larios Law, PLLC, Tempe, Arizona, for Petitioner.

Stuart F. Delery, Assistant Attorney General, Civil Division, Blair T. O'Connor, Assistant Director, Office of Immigration Litigation, Edward C. Durant and Jonathan Robbins (argued), United States Department of Justice, Washington, D.C. for Respondent.

Before: J. Clifford Wallace, Mary M. Schroeder, and William A. Fletcher, Circuit Judges.

OPINION

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SCHROEDER, Circuit Judge.

In this petition for review of a Board of Immigration Appeals' (" BIA" ) order of removal, the novel question is whether Congress has exempted state fraud convictions from characterization as crimes involving moral turpitude, when the underlying conduct involved fraud in an application for employment. We hold Congress has not.

Petitioner relies on our decision in Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000), where we considered an amendment to the social security laws that granted immunity from prosecution for longstanding resident aliens who used a false social security number to obtain employment. We held the amendment expressed congressional intent that such conduct did not establish moral turpitude for immigration purposes. We have never applied Beltran-Tirado 's holding outside the social security context. We therefore deny the petition.

BACKGROUND

Petitioner Felipe Espino-Castillo is a native and citizen of Mexico who entered the United States in approximately 1992 without admission or parole. He has lived

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in this country continuously since that time. In 2012, he was convicted in the Superior Court of Maricopa County, Arizona, of two counts of forgery in violation of Arizona Revised Statutes § 13-2002. Petitioner was promptly charged in...

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