Marmolejo-Campos v. Gonzales
Court of Appeals for the Ninth Circuit
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
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Jordan v. De GeorgeSupreme Court of the United States · 1951
- 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
- Enrique Cuevas-Gaspar v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Laura Luis Hernandez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
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