Martinez-de Ryan v. Sessions, No. 15-70759 (9th Cir. 2018)Annotate this Case
The Ninth Circuit denied a petition for review of the Board's decision denying petitioner's application for cancellation of removal on the ground that she was convicted of a crime involving moral turpitude (bribery). The panel applied Jordan v. De George, 341 U.S. 223 (1951), and Tseung Chu v. Cornell, 247 F.2d 929 (9th Cir. 1957), and held that a crime involving moral turpitude is not unconstitutionally vague. The panel held that Boutilier v. INS, 387 U.S. 118 (1967), does not foreclose consideration of whether a crime committed by a non-citizen constitutes a crime of moral turpitude so as to render her inadmissible. The panel also held that the Supreme Court's recent decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), extending to the immigration context its earlier opinion in Johnson, did not eviscerate the panel's holding in Tseung Chu such that the panel should overrule it. Therefore, the panel remained bound by Jordan and Tseung Chu.
The court issued a subsequent related opinion or order on November 16, 2018.