Marmolejo-Campos v. Holder

Partial Concurrence and Partial Dissent by Judge BYBEE;

O’SCANNLAIN, Circuit Judge:

We are called upon to decide whether an alien may be removed from the United States for having been convicted of a crime involving moral turpitude as determined under federal immigration law.

I

A

Petitioner Armando Marmolejo-Cam-pos, a native and citizen of Mexico, entered the United States without inspection near Nogales, Arizona, sometime in 1983. In 1990, he was convicted of felony theft in violation of Arizona Revised Statutes section 13-1802, and was sentenced to two months imprisonment. Years later, Campos…