United States Ninth Circuit

In a petition for review of a BIA decision ordering Petitioner removed from the U.S., the petition is denied where Petitioner's state aggravated DUI conviction constituted a "crime of moral turpitude" under 8 U.S.C. section 1227(a)(2)(A)(i).

Appellate Information

• Argued 06/23/2008
• Decided 03/04/2009
• Published 03/04/2009

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.