EMILIO FABIAN MORENO, AKA Emilio Fabian Acuna Moreno, AKA Emilio Fabian Acuna, Petitioner
ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent
November 14, 2017
Petition for Review of an Order of the Board of Immigration
Appeals (Agency Case No. A204-209-869) Honorable Kuyomars Q.
Golparvar Immigration Judge.
P. Sachs, Esq. [Argued] Counsel for Petitioner.
Jefferson B. Sessions, III, Esq. Jaclyn E. Shea, Esq.
[Argued] United States Department of Justice Office of
Immigration Litigation Counsel for Respondent.
Before: VANASKIE, SHWARTZ, and FUENTES Circuit Judges.
VANASKIE, Circuit Judge.
Emilio Fabian Moreno was ordered removed to his native
country of Argentina after the Board of Immigration Appeals
found that his conviction for possession of child pornography
under 18 Pa. Cons. Stat. § 6312(d) constituted a crime
involving moral turpitude ("CIMT"). In his petition
for review, Moreno argues that, under the categorical
approach, the least culpable conduct hypothetically necessary
to sustain a conviction under § 6312(d) is not morally
turpitudinous. We disagree. Pennsylvania's community
consensus, as gauged by case law and legislative enactments,
condemns the least culpable conduct punishable under §
6312(d) as morally turpitudinous. We therefore will deny
Moreno's petition for review.
petitioner Emilio Fabian Moreno, a native and citizen of
Argentina, was admitted to the United States under a grant of
humanitarian parole in May of 1980.On August 4, 2015, Moreno
pleaded guilty to one count of possession of child
pornography under subsection (d) of Pennsylvania's
"Sexual abuse of children" statute, 18 Pa. Cons.
Stat. § 6312. The Philadelphia County Court of Common
Pleas sentenced Moreno to five years of probation, ordered
that he forfeit his computer, and required him to register as
a sex offender. Moreno does not challenge his conviction.
Department of Homeland Security ("DHS") initiated
removal proceedings against Moreno on April 5, 2016, charging
him as removable for having been convicted of a crime
involving moral turpitude under 8 U.S.C. §
1182(a)(2)(A)(i)(I). Moreno thereafter filed a Motion to
Terminate Proceedings, challenging his removability on the
ground that a conviction under § 6312(d) does not rise
to the level of a CIMT. The Immigration Judge
("IJ") denied Moreno's motion and ordered him
removed to Argentina.
then filed an appeal with the Board of Immigration Appeals
("BIA"). In a single-member, unpublished,
non-precedential decision, the BIA rejected Moreno's
contention that his conviction did not qualify as a CIMT.
This timely appeal followed.
had appellate jurisdiction to review the IJ's order of
removal pursuant to 8 C.F.R. § 1003.1(b)(3). We have
jurisdiction to review Moreno's legal and constitutional
challenges under 8 U.S.C. § 1252(a)(1).
petition presents two issues for our consideration: (1)
whether his conviction for possession of child pornography
under 18 Pa. Cons. Stat. § 6312(d) renders him removable
as an alien convicted of a CIMT; and (2) whether the
statutory provision deeming aliens convicted of a CIMT
inadmissible, as set forth in 8 U.S.C. §