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Leal v. Holder

United States Court of Appeals, Ninth Circuit

November 6, 2014

EDGAR LEAL, Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General, Respondent

Argued and Submitted, October 7, 2014, Phoenix, Arizona

Page 1141

[Copyrighted Material Omitted]

Page 1142

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A096-312-954.

PETITION FOR REVIEW DENIED.

SUMMARY[*]

Immigration

The panel denied Edgar Leal's petition for review of the three-judge published Board of Immigration Appeals' decision, Matter of Leal, 26 I. & N. Dec. 20 (BIA 2012), which held that Leal's conviction for felony endangerment, in violation of Arizona Revised Statute § 13-1201, is a categorical crime involving moral turpitude.

The panel held that the BIA reasonably determined that ARS § 13-1201 is a crime involving moral turpitude, and the panel accordingly gave Chevron deference to the BIA's decision. The panel also held that the BIA reasonably determined that excessive voluntary intoxication, combined with the creation of a substantial, actual risk of imminent death of another person, constitutes morally turpitudinous conduct.

Kara Lee Hartzler (argued), San Diego, California; Nicomedes E. Suriel, Law Office of Nicomedes E. Suriel, P.L.L.C., Phoenix, Arizona, for Petitioner.

C. Frederick Sheffield (argued), Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: Dorothy W. Nelson, Barry G. Silverman, and Milan D. Smith, Jr., Circuit Judges.

OPINION

Page 1143

NELSON, Senior Circuit Judge:

Edgar Leal (" Leal" ) petitions for review of the Board of Immigration Appeals' (" BIA" ) dismissal of his appeal of a final order of removal. The BIA held that Leal had been convicted of a crime involving moral turpitude (" CIMT" ) and was thus ineligible for cancellation of removal. We hold that the BIA reasonably determined that felony endangerment in Arizona is a CIMT and thus deny the petition for review.

I. Background

Leal is a native and citizen of Mexico, born in Culiacan, Mexico, on October 5, 1978, who entered the United States on January 1, 1990, without being admitted or paroled. Leal has four U.S. citizen children, and his spouse[1] and parents are lawful permanent residents of the United States who reside in Arizona.

On March 12, 2007, Leal pled guilty to, and was subsequently convicted of, felony endangerment under Arizona Revised Statute § 13-1201 and misdemeanor driving under the influence of intoxicating liquor (" DUI" ) under Arizona Revised Statute § 28-1381(A)(1). The Department of Homeland Security (" DHS" ) thereafter initiated removal proceedings against Leal, charging him with removability as a person who is present in the United States without having been admitted or paroled under 8 U.S.C. § 1182(a)(6)(A)(I). Once in removal proceedings, Leal admitted he had entered the United States ...


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