Barbosa v. Barr, No. 15-72092 (9th Cir. 2019)Annotate this Case
Petitioner sought review of the BIA's decision dismissing his appeal of the IJ's denial of relief from removal. The BIA held that petitioner's conviction of robbery in the third degree in violation of Oregon Revised Statutes section 164.395 was a crime involving moral turpitude (CIMT) and petitioner failed to prove membership in a particular social group for the purpose of establishing refugee status.
The Ninth Circuit held that section 164.395 is not categorically a CIMT, because the minimal force required for conviction was insufficient and the government waived the issue of divisibility. However, the panel held that petitioner failed to demonstrate membership in a particular social group, because "individuals returning to Mexico from the United States who are believed to be wealthy" was not a discrete class of persons recognized as a particular social group. Accordingly, the court granted the petition in part, denied it in part, and remanded for further proceedings.
The court issued a subsequent related opinion or order on June 6, 2019.