United States Ninth Circuit

A petition for review of a BIA's decision affirming an IJ's order denying petitioner pre-conclusion voluntary departure is denied where: 1) the IJ did not err in considering evidence of petitioner's sexual conduct with a minor, even though he had not been convicted of a crime, because it was probative as to his bad character and undesirability for permanent residency; and 2) the IJ's consideration of the underlying facts of the crime did not violate due process, because the petitioner had admitted that he, as an adult, had sexual relations with a minor.

Appellate Information

• Decided 12/28/2012
• Published 12/28/2012

Judges

• Wallace

Court

• United States Ninth Circuit

Counsel