United States Ninth Circuit

Petition for review of the dismissal of an appeal from an order of removal is denied where a violation of the Arizona Revised Statutes for aggravated DUI involving actual driving by an individual who knows that they are prohibited from driving is a crime involving moral turpitude.

Appellate Information

• Argued 06/23/2008
• Decided 09/12/2007
• Published 09/12/2007

Judges

• Before:  ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD, BARRY G. SILVERMAN, RAYMOND C. FISHER, RICHARD A. PAEZ, MARSHA S. BERZON, RICHARD C. TALLMAN, RICHARD R. CLIFTON, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christopher J. Stender, Esq., Stender & Pope, P.C., San Diego, CA, argued the cause, for the petitioner and filed a brief.


• For Appellees:
  
• Surell Brady, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, argued the cause, for the respondent and filed a brief;  Bryan S. Beier, Senior Litigation Counsel, Donald E. Keener, Deputy Director, Office of Immigration Litigation, and Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, were on the brief;  Edward C. Durant, Attorney, Office of Immigration Litigation, also filed a brief;  Linda S. Wendtland, Assistant Director, Office of Immigration Litigation, and Peter D. Keisler, Assistant Attorney General, Civil Division, were on the brief.