United States Ninth Circuit

In an immigration action interpreting whether violation of Hawaii Revised Statute section 291C-12.5 regarding hit and run accidents categorically constitutes a crime involving moral turpitude (CIMT) allowing removal of a lawfully admitted immigrant, petition for review of a removal order is granted where: 1) to constitute a CIMT, the generic elements of a crime must show that it involves conduct that is "base, vile, or depraved" and violates "accepted moral standards;" 2) section 291C-12.5 incorporates behavior that does not involve moral turpitude because it can be violated by simply failing to provide required information following an accident causing injury or death; and 3) violation of section 291C-12.5 need not constitute fraud.

Appellate Information

• Argued 11/02/2007
• Decided 11/03/2008
• Published 11/03/2008

Judges

• Before:  DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ramon J. Ferrer, Wailuku, HI, for the petitioner.


• For Appellees:
  
• Kathryn L. Moore, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.