Legal Opinion · Dissent

Marmolejo-Campos v. Gonzales

Court of Appeals for the Ninth Circuit

Decided September 12, 2007No. 04-76644Published

1DissentD.W. Nelson, Senior Circuit Judge

In this appeal, we are tasked with answering a straightforward question: Does the act of driving while intoxicated, which is not a crime involving moral turpitude, somehow become morally turpitudinous when coupled with the act of driving without a license, which also is not a crime involving moral turpitude? The majority states that precedent and administrative deference require us to answer this question in the affirmative, but I respectfully disagree.

I

As a preliminary matter, “moral turpitude” is a vague and nebulous standard, Matter of Flores, 17 I. & N. Dec. 225, 227 (BIA 1980), whose…

2Cases cited28 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Jordan v. De GeorgeSupreme Court of the United States · 1951
  3. The Cetacean Community v. George W. Bush, President of the United States of America Donald H. Rumsfeld, United States of America Secretary of DefenseCourt of Appeals for the Ninth Circuit · 2004
  4. Enrique Cuevas-Gaspar v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  5. Laura Luis Hernandez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003

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