Leal v. Holder, No. 12-73381 (9th Cir. 2014)
Annotate this CasePetitioner, a native and citizen of Mexico, sought review of the BIA's dismissal of his appeal of a final order of removal. Petitioner pled guilty to felony endangerment and misdemeanor driving under the influence of intoxicating liquor under Arizona law. Applying Chevron deference, the court held that the BIA reasonably determined that felony endangerment in Arizona is a crime involving moral turpitude (CIMT). Although the crime requires only reckless conduct, the level of harm resulting from the conduct is grave. The court agreed with the BIA that the creation of a substantial, actual risk of imminent death is sufficiently reprehensible, or in terms of the court's case law "base, vile, and depraved," to establish a CIMT, even though no actual harm need occur. The court held that excessive voluntary intoxication combined with the conduct at issue - creation of a substantial, actual risk of imminent death of another person - constitutes morally turpitudinous conduct. Accordingly, the court denied the petition for review.
Court Description: Immigration. The panel denied Edgar Leal’s petition for review of the three-judge published Board of Immigration Appeals’ decision, Matter of Leal, 26 I. & N. Dec. 20 (BIA 2012), which held that Leal’s conviction for felony endangerment, in violation of Arizona Revised Statute § 13-1201, is a categorical crime involving moral turpitude. The panel held that the BIA reasonably determined that ARS § 13-1201 is a crime involving moral turpitude, and the panel accordingly gave Chevron deference to the BIA’s decision. The panel also held that the BIA reasonably determined that excessive voluntary intoxication, combined with the creation of a substantial, actual risk of imminent death of another person, constitutes morally turpitudinous conduct.
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