Guerrero de Nodahl v. Immigration & Naturalization Serv.
Decision Date | 03 April 1969 |
Docket Number | No. 22134.,22134. |
Citation | 407 F.2d 1405 |
Parties | Maria Guadalupe GUERRERO de NODAHL, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Department of Justice, Respondent. |
Court | U.S. Court of Appeals — Ninth Circuit |
Howard R. Harris (argued), National City, Cal., for appellant.
Carolyn M. Reynolds (argued), Asst. U. S. Atty., Wm. M. Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Los Angeles, Cal., Ramsey Clark, Atty. Gen., Stephen Suffin, San Francisco, Cal., and Joseph Sureck, San Pedro, Terminal Island, Cal., Immigration and Naturalization Service, for appellee.
Before BARNES and DUNIWAY, Circuit Judges, and *CRARY, District Judge.
This is an appeal, cognizable in this court under 8 U.S.C. § 1105a, from a decision of the Board of Immigration Appeals ordering petitioner's deportation because of her April 15, 1965, conviction in the Superior Court of the State of California in and for the County of San Diego of the offense of inflicting corporal injury upon a child, as charged in an Information, in violation of section 273d of the California Penal Code.1 The information charged that the petitioner, on the dates and place stated "* * * did wilfully, unlawfully and feloniously make an assault and inflict a corporal injury upon OSCAR NODAHL, then and there a minor child * * * of the age of nine years, and that the said assault did result in a traumatic injury to the said OSCAR NODAHL, a human being." Petitioner's sentence for the state court conviction was imprisonment for two years in the California Institute for Women.
A native and citizen of Mexico, petitioner was admitted for permanent residence in this country on June 14, 1961. The child beating for which she was convicted occurred between December 25, 1964 and January 7, 1965. On November 21, 1966, the Immigration and Naturalization Service issued an order to show cause which alleged petitioner was subject to deportation under 8 U.S.C. § 1251(a) (4) because she had been convicted of a crime involving moral turpitude within five years of her entry into this country. At the hearing pursuant to the order, petitioner admitted the allegations of fact in the order but argued that her state conviction was unfairly obtained and based on insufficient evidence.
Petitioner's argument is that since "willful" as defined by the California Penal Code does not contain the sinister overtones attributed to the term in federal case law, petitioner's crime does not necessarily fall within the statute. While this approach may be responsive to the rationale of the hearing examiner's opinion, it is not incompatible with our holding. Accepting "an act of baseness or depravity contrary to accepted moral standards," Pino v. Nicolls, 119 F.Supp. 122, 128 (D.Mass.), aff'd 215 F.2d 237 (1st Cir. 1954), rev'd on other...
To continue reading
Request your trial-
People v. Parrish
...ways. Some courts find that an act of moral turpitude is conduct which is "intrinsically wrong." (See Guerrero de Nodahl v. Immigration & Naturalization Serv. (9th Cir.1969) 407 F.2d 1405; Williams v. State (1975) 55 Ala.App. 436, 316 So.2d 362, 363.) For purposes of disbarment, California ......
-
Franklin v. I.N.S.
...v. INS, 612 F.2d 457, 459 (9th Cir.1980) (per curiam); Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978); Guerrero de Nodahl v. INS, 407 F.2d 1405, 1406-07 (9th Cir.1969). Indeed, these decisions do not make any mention in these circumstances of any deference to be accorded the agency's de......
-
Garcia v. State
...offense of aggravated child abuse amounts to a crime involving moral turpitude for purposes of the Act); Guerrero de Nodahl v. I.N.S., 407 F.2d 1405, 1406–07 (9th Cir.1969) (holding the California offense against inflicting “upon any child any cruel or inhuman corporal punishment or injury ......
-
Portaluppi v. Shell Oil Co.
...as "`an act of baseness or depravity contrary to accepted moral standards.'" Castle, 541 F.2d at 1066 (quoting Guerrero de Nodahl v. INS, 407 F.2d 1405, 1406 (9th Cir.1969)).6 In Castle, the court held that a man's carnal knowledge of a fifteen year old girl, not his wife, "is so basically ......