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Keywords

statutepleaimmigration lawcitizenshipappellantadmissibility
statutepleaimmigration lawcitizenshipappellantadmissibility

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Toro-Romero v. Ashcroft

Facts

Toro-Romero, a native and citizen of Mexico, was one year old when he entered the United States in 1974. In 1989, he became a lawful permanent resident. Four years later, Toro-Romero pleaded guilty to having violated California Penal Code 459, a criminal statute prohibiting burglary. On December 13, 1997, he took a day-trip to Mexico and, at the border, used another person's valid California birth certificate to claim he was a U.S. citizen. The border guards determined he was not a citizen and served him with a notice to appear, charging him with being inadmissible due to a crime involving moral turpitude and for falsely representing himself as a citizen.

Toro-Romero, a native and citizen of Mexico, was one year old when he entered the United States in 1974. In 1989, he became a lawful permanent resident. Four years later, Toro-Romero pleaded guilty to having violated California Penal Code 459, a criminal statute prohibiting burglary. On December 13, 1997, he took a day-trip to Mexico and, at the border, used another person's valid California birth certificate to claim he was a U.S. citizen. The border guards determined he was not a citizen and served him with a notice to appear, charging him with being inadmissible due to a crime involving moral turpitude and for falsely representing himself as a citizen.

Issue

Whether the BIA erred in affirming the IJ's determination that Toro-Romero was inadmissible for falsely representing himself as a U.S. citizen and whether the BIA should have considered the question of whether Toro-Romero committed a crime involving moral turpitude.

Whether the BIA erred in affirming the IJ's determination that Toro-Romero was inadmissible for falsely representing himself as a U.S. citizen and whether the BIA should have considered the question of whether Toro-Romero committed a crime involving moral turpitude.

Rule

An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission to the United States for purposes of the immigration laws unless the alien has committed a crime involving moral turpitude.

An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission to the United States for purposes of the immigration laws unless the alien . . . has committed [a crime involving moral turpitude], unless since such offense the alien has been granted relief [including a cancellation of removal] . . . .

Analysis

The court analyzed the BIA's decision and noted that it did not need to reach the question of whether Toro-Romero had committed a crime involving moral turpitude. However, the court emphasized that this determination was essential in deciding whether Toro-Romero was 'seeking admission' when he falsely claimed citizenship. The BIA's failure to address this issue meant that it could not properly assess the charge of inadmissibility for falsely claiming citizenship.

The court analyzed the BIA's decision and noted that it did not need to reach the question of whether Toro-Romero had committed a crime involving moral turpitude. However, the court emphasized that this determination was essential in deciding whether Toro-Romero was 'seeking admission' when he falsely claimed citizenship. The BIA's failure to address this issue meant that it could not properly assess the charge of inadmissibility for falsely claiming citizenship.

Conclusion

The appellate court granted the alien's petition for review and remanded the case to the BIA for a determination of the crime of moral turpitude question and for a determination of whether the alien was eligible for cancellation of removal.

The appellate court granted the alien's petition for review and remanded the case to the BIA for a determination of the crime of moral turpitude question and for a determination of whether the alien was eligible for cancellation of removal.

Who won?

The appellant, Luis Toro-Romero, prevailed in the case because the court found that the BIA erred in not considering the crime of moral turpitude question, which was essential to the determination of his inadmissibility.

The appellant, Luis Toro-Romero, prevailed in the case because the court found that the BIA erred in not considering the crime of moral turpitude question, which was essential to the determination of his inadmissibility.

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