United States Ninth Circuit

Petition for review of a Board of Immigration Appeals (BIA) decision finding petitioner ineligible for cancellation of removal because her conviction for taking the identity of another involves moral turpitude is denied, where: 1) petitioner's conviction pursuant to Arizona Revised Statutes section 13-2008(A) is not a categorical crime involving moral turpitude, as the statute is divisible and not every possible variation of the crime requires proof of fraud; but 2) the record shows that petitioner stole a real person's identity without their consent for the purpose of obtaining employment, which is inherently fraudulent and involves moral turpitude.

Appellate Information

• Decided 11/05/2014
• Published 11/05/2014

Judges

Court

• United States Ninth Circuit

Counsel