DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111590P.pdf 05/29/2012 Orlando Bobadilla v. Eric H. Holder, Jr.
U.S. Court of Appeals Case No: 11-1590
Appeal from Board of Immigration Appeals
[PUBLISHED] [Loken, Author, with Wollman and Gruender, Circuit Judges]
Petition for Review - Immigration. Attorney General's methodology for
determining whether a crime falls within the ambiguous statutory term
"crimes involving moral turpitude" was not unreasonable and must be
given deference by a reviewing court; as petitioner's crime - giving a false
name to a police officer - was not inherently base, vile, or depraved, the
BIA should have looked beyond his conviction to determine whether
moral turpitude was established; here the government did not meet its
burden of proof of establishing that petitioner's conduct involved moral
turpitude, and the case must remanded to the BIA for further proceedings.
Judge Gruender, dissenting.