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Gonzalez Romo, Matter of

Facts

Eva Isabel Gonzalez Romo, a native and citizen of Mexico, had been a lawful permanent resident of the United States since 1999. In 2009, she was pulled over in Arizona for a traffic violation, leading to the discovery of 150 pounds of marijuana in her vehicle. She admitted to transporting the marijuana for a fee and was subsequently convicted of felony solicitation to possess marijuana for sale. After serving her sentence, she was detained upon re-entering the U.S. and faced removal proceedings due to her conviction.

Eva Isabel Gonzalez Romo, a native and citizen of Mexico, had been a lawful permanent resident of the United States since 1999. In 2009, she was pulled over in Arizona for a traffic violation, leading to the discovery of 150 pounds of marijuana in her vehicle. She admitted to transporting the marijuana for a fee and was subsequently convicted of felony solicitation to possess marijuana for sale. After serving her sentence, she was detained upon re-entering the U.S. and faced removal proceedings due to her conviction.

Issue

Did the BIA err in determining that Romo's conviction for solicitation to possess marijuana for sale constituted a crime involving moral turpitude, rendering her inadmissible under 8 U.S.C. 1101(a)(13)(C)(v) and 1182(a)(2)(A)(i)(I)?

Did the BIA err in determining that Romo's conviction for solicitation to possess marijuana for sale constituted a crime involving moral turpitude, rendering her inadmissible under 8 U.S.C. 1101(a)(13)(C)(v) and 1182(a)(2)(A)(i)(I)?

Rule

Under 8 U.S.C. 1182(a)(2)(A)(i)(I), an alien convicted of a crime involving moral turpitude, or an attempt or conspiracy to commit such a crime, is inadmissible.

Under 8 U.S.C. 1182(a)(2)(A)(i)(I), an alien convicted of a crime involving moral turpitude, or an attempt or conspiracy to commit such a crime, is inadmissible.

Analysis

The court applied the rule by examining the nature of Romo's conviction, which was for solicitation to possess marijuana for sale. The court noted that drug trafficking crimes are generally considered crimes involving moral turpitude. It referenced previous cases that established solicitation to possess a significant amount of marijuana as a crime of moral turpitude, thereby affirming the BIA's conclusion that Romo's conviction fell within the inadmissibility provisions.

The court applied the rule by examining the nature of Romo's conviction, which was for solicitation to possess marijuana for sale. The court noted that drug trafficking crimes are generally considered crimes involving moral turpitude. It referenced previous cases that established solicitation to possess a significant amount of marijuana as a crime of moral turpitude, thereby affirming the BIA's conclusion that Romo's conviction fell within the inadmissibility provisions.

Conclusion

The Ninth Circuit denied Romo's petition for review, affirming the BIA's determination that her conviction constituted a crime involving moral turpitude, thus rendering her inadmissible.

The Ninth Circuit denied Romo's petition for review, affirming the BIA's determination that her conviction constituted a crime involving moral turpitude, thus rendering her inadmissible.

Who won?

The government prevailed in the case, as the court upheld the BIA's decision that Romo's conviction for solicitation to possess marijuana for sale was a crime involving moral turpitude.

The government prevailed in the case, as the court upheld the BIA's decision that Romo's conviction for solicitation to possess marijuana for sale was a crime involving moral turpitude.

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