United States Ninth Circuit

Petition for review of a Board of Immigration Appeals (BIA) decision, which held that petitioner’s conviction for misuse of passport to facilitate an act of international terrorism is a categorical crime involving moral turpitude and thus denied his application for deferral, is: 1) denied in part, where the BIA did not err in determining that petitioner’s conviction was categorically morally turpitudinous; and 2) granted in part and remanded with instructions to grant petitioner deferral of removal, where the evidence reveals that petitioner is more likely than not to be tortured were he removed to Vietnam, and thus, deferral is necessitated under the Convention Against Torture.

Appellate Information

• Decided 08/14/2014
• Published 08/14/2014

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel