Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Moreno v. Attorney General of United States of America

United States Court of Appeals, Third Circuit

April 9, 2018

EMILIO FABIAN MORENO, AKA Emilio Fabian Acuna Moreno, AKA Emilio Fabian Acuna, Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent

          Argued November 14, 2017

          On Petition for Review of an Order of the Board of Immigration Appeals (Agency Case No. A204-209-869) Honorable Kuyomars Q. Golparvar Immigration Judge.

          Wayne 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.

          OPINION

          VANASKIE, Circuit Judge.

         Petitioner 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.

         I.

         Forty-nine-year-old 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.[1]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.

         The 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).[2] 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.

         Moreno 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.

         II.

         The BIA 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).

         Moreno's 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. § ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.