Gonzalez Romo v. Barr, No. 16-71559 (9th Cir. 2019)Annotate this Case
The Ninth Circuit denied a petition for review of the BIA's determination, in a precedential decision, that even though petitioner was a lawful permanent resident, she was inadmissible under 8 U.S.C. 1101(a)(13)(C)(v) and 1182(a)(2)(A)(i)(I), because she had been convicted of a crime involving moral turpitude. In this case, the crime was Arizona solicitation to possess marijuana for sale. The BIA rejected petitioner's contention that, by referencing "attempt or conspiracy," section 1182(a)(2)(A)(i)(I) excludes crimes of solicitation even if they otherwise constitute crimes involving moral turpitude.
Applying Chevron deference, the panel affirmed the BIA's determination that even though petitioner was a legal permanent resident, she was removable because she was inadmissible to the United States when she presented herself at the border. Furthermore, a conviction in Arizona for solicitation to possess at least four pounds of marijuana for sale constitutes a crime involving moral turpitude for purposes of section 1182(a)(2)(A)(i)(I), and thus petitioner was inadmissible. The panel rejected petitioner's contention that, by referencing only "attempt or conspiracy," section 1182(a)(2)(A)(i)(I) excluded crimes of solicitation, and the panel saw no reason to deviate from Barragan-Lopez v. Mukasey, 508 F.3d 899 (9th Cir. 2007).