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Olivas-Motta v. Holder

716 F.3d 1199 (2013)

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Olivas-Motta v. Holder

United States Court of Appeals for the Ninth Circuit
716 F.3d 1199 (2013)

CS

Facts

Manuel Olivas-Motta (plaintiff) was a lawful permanent resident of the United States who was convicted of two crimes: the facilitation of the unlawful possession of marijuana under Arizona state law, and the crime of endangerment. Under the Immigration and Nationality Act (INA), noncitizens could be deported if convicted of crimes involving moral turpitude (CIMTs).The United States began removal proceedings against Olivas-Motta on the grounds that his criminal convictions amounted to two CIMTs. At Olivas-Motta’s removal hearing, the government (defendant) placed into evidence procedural documentation about Olivas-Motta’s conduct in the endangerment case beyond the conviction record, including charging documents and police reports. The immigration judges relied on these documents to determine that the conviction for endangerment did amount to a CIMT and that Olivas-Motta was therefore removable. Olivas-Motta appealed to the Board of Immigration Appeals (BIA), which dismissed his appeal. Olivas-Motta petitioned for court review.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

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