Barbosa v. Barr
United States Court of Appeals for the Ninth Circuit
926 F.3d 1053 (2019)
- Written by Kelli Lanski, JD
Facts
Pedro Aguirre Barbosa (defendant) was a Mexican citizen who entered the United States between 1997 and 1999. In 2008, Barbosa was charged with and pleaded no contest to robbery under Oregon Revised Statute § 164.395, which criminalized the theft or unauthorized use of another’s property through the use or threat of use of force. The statute included robberies in which the thief intended to deprive the property owner of his or her property only temporarily as well as crimes using or threatening the use of only minimal force. The government commenced removal proceedings in 2010, and Barbosa applied for cancelation of removal and other forms of relief. An immigration judge (IJ) denied Barbosa’s claims, and the Board of Immigration Appeals upheld the IJ’s ruling, holding that Oregon’s robbery statute was a crime involving moral turpitude and Barbosa was therefore statutorily ineligible for cancelation of removal under the Immigration and Nationality Act. Barbosa appealed.
Rule of Law
Issue
Holding and Reasoning (Graber, J.)
Concurrence (Berzon, J.)
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