Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

statuteappealplea

plea

Related Cases

Guardado-Garcia v. Holder

Facts

Guillermo Guardado-Garcia illegally entered the United States on December 30, 1989, and was granted temporary protected status. In 2002, he pleaded guilty to misusing a Social Security number under 42 U.S.C. 408(a)(7)(B) while applying for an employee identification badge at Lambert-St. Louis International Airport. Although he admitted to the misuse, he contested the charge of moral turpitude during removal proceedings.

Guillermo Guardado-Garcia illegally entered the United States on or about December 30, 1989. He was later granted temporary protected status. On October 10, 2002, Guardado-Garcia pleaded guilty to the misuse of a social security number in violation of 42 U.S.C. 408(a)(7)(B) for having applied for an employee identification badge at Lambert-St. Louis International Airport by using a social security number that was not assigned to him.

Issue

Did Guardado-Garcia's conviction for misusing a Social Security number constitute a crime involving moral turpitude, thereby justifying his removal?

Rule

Crimes involving moral turpitude require conduct that is inherently base, vile, or depraved, and contrary to accepted rules of morality. Crimes involving intent to deceive or defraud are generally considered to involve moral turpitude.

Crimes involving moral turpitude have been held to require conduct 'that is inherently base, vile, or depraved, and contrary to accepted rules of morality and the duties owed between persons or to society in general.'

Analysis

The court found that Guardado-Garcia's misuse of a Social Security number was committed with intent to deceive for the purpose of obtaining a benefit, which is an essential element of the statute. The BIA's interpretation that this constituted a crime involving moral turpitude was deemed reasonable and consistent with established legal principles.

Here, the IJ concluded that Guardado-Garcia's misuse of a social security number in violation of 42 U.S.C. 408(a)(7)(B) constituted a crime involving moral turpitude.

Conclusion

The court denied Guardado-Garcia's petition for review, affirming the BIA's decision that his conviction involved moral turpitude.

Accordingly, we deny the petition for review.

Who won?

The Board of Immigration Appeals prevailed, as the court upheld its decision that Guardado-Garcia's conviction constituted a crime involving moral turpitude.

The Board agreed that Guardado-Garcia's conviction under 42 U.S.C. 408(a)(7)(B) was for a crime involving moral turpitude because it involved 'both an intent to deceive and an impairment of government function.'

You must be

Log In to Casey

Sign Up to Casey

Reset Your Password

Keywords

Related Cases

Medina-Nunez v. Lynch

Hiibel v. Sixth Judicial Dist. Court of Nevada

U.S. v. Speedy Gonzalez Constr., Inc.

Lamin v. Holder

Sadowski v. Immigration and Naturalization Service