Iosefa Potoae v. Eric H. Holder Jr.

458 F. App'x 583

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 14, 2011
• Docket: 08-71850
• Status: Unpublished

Opinion

MEMORANDUM **

Petitioner, Iosefa Potoae (Potoae), a native of Somoa and lawful permanent resident, petitions for review of the Board of Immigration Appeals (BIA) decision finding Potoae removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(i). The BIA determined that Potoae’s conviction for communicating with a minor for immoral purposes, in violation of Wash. Rev.Code § 9.68A.090, constituted a crime involving moral turpitude.

The BIA correctly concluded that Po-toae was removable under 8 U.S.C. § 1227(a)(2)(A)(i) for commission of a crime involving moral turpitude. We have defined moral turpitude as “conduct that is inherently base, vile, or depraved and contrary to accepted rules of morality.” Morales v. Gonzales, 478 F.3d 972, 978 (9th Cir.2007), as amended (citations and internal quotation marks omitted). Applying this definition, we held that violation of § 9.68A.090 categorically constitutes a crime involving moral turpitude. See id. Our holding in Morales controls this case and compels the conclusion that Potoae was removable for having committed a crime involving moral turpitude. 1

PETITION DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1 . Because we determine that Potoae was removable due to his commission of a crime involving moral turpitude, we need not and do not address the BIA's determination that Potoae was also removable due to his commission of an aggravated felony.