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statute

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Rohit v. Holder

Facts

Avinesh Anand Rohit was convicted for disorderly conduct involving prostitution under California Penal Code 647(b) and attempting to dissuade a witness or victim under California Penal Code 136.1(c). In his removal proceeding, the immigration judge held that these statutes categorically constituted crimes involving moral turpitude, making Rohit removable under 8 U.S.C. 1227(a)(2)(A)(ii). The Board affirmed the immigration judge's decision but remanded for the judge to address Rohit's request for voluntary departure.

Avinesh Anand Rohit was convicted for disorderly conduct involving prostitution under California Penal Code 647(b) and attempting to dissuade a witness or victim under California Penal Code 136.1(c). In his removal proceeding, the immigration judge held that these statutes categorically constituted crimes involving moral turpitude, making Rohit removable under 8 U.S.C. 1227(a)(2)(A)(ii). The Board affirmed the immigration judge's decision but remanded for the judge to address Rohit's request for voluntary departure.

Issue

Whether a violation of California Penal Code 647(b) is a crime involving moral turpitude under 8 U.S.C.S. 1227(a)(2)(A)(ii).

Whether a violation of California Penal Code 647(b) is a crime involving moral turpitude under 8 U.S.C.S. 1227(a)(2)(A)(ii).

Rule

The court applied the categorical approach to determine whether the statute of conviction is a crime involving moral turpitude, comparing it to the generic definition of moral turpitude.

The court applied the categorical approach to determine whether the statute of conviction is a crime involving moral turpitude, comparing it to the generic definition of moral turpitude.

Analysis

The court held that soliciting an act of prostitution is not significantly less 'base, vile, and depraved' than engaging in an act of prostitution. Solicitation is the direct precursor to the act, and a person who solicits an act of prostitution does not become appreciably more morally turpitudinous when the other party accepts or the two engage in the act. The court concluded that California Penal Code 647(b) did not prohibit any conduct that did not also satisfy the generic definition of conduct involving moral turpitude, making it a 'categorical match' with 8 U.S.C.S. 1227(a)(2)(A)(ii).

The court held that soliciting an act of prostitution is not significantly less 'base, vile, and depraved' than engaging in an act of prostitution. Solicitation is the direct precursor to the act, and a person who solicits an act of prostitution does not become appreciably more morally turpitudinous when the other party accepts or the two engage in the act. The court concluded that California Penal Code 647(b) did not prohibit any conduct that did not also satisfy the generic definition of conduct involving moral turpitude, making it a 'categorical match' with 8 U.S.C.S. 1227(a)(2)(A)(ii).

Conclusion

The court denied the petition for review, affirming the Board's decision that Rohit was removable due to his convictions for crimes involving moral turpitude.

The court denied the petition for review, affirming the Board's decision that Rohit was removable due to his convictions for crimes involving moral turpitude.

Who won?

The government prevailed in the case because the court upheld the Board's determination that disorderly conduct involving prostitution is a crime involving moral turpitude.

The government prevailed in the case because the court upheld the Board's determination that disorderly conduct involving prostitution is a crime involving moral turpitude.

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