Arsen Karapetyan v. Jefferson Sessions
690 F. App'x 927
| 9th Cir. | 2017Background
- Petitioner Arsen Karapetyan appealed the BIA’s dismissal of his appeal from an immigration judge’s removal order.
- IJ found Petitioner convicted of two crimes involving moral turpitude: spousal abuse (Cal. Penal Code § 273.5(a)) and theft (Cal. Penal Code § 484).
- IJ relied on a California Department of Justice report and Petitioner’s waiver application as records showing the theft conviction.
- Because Petitioner had two convictions involving moral turpitude, the petty-offense exception was held inapplicable.
- Petitioner sought a waiver under 8 U.S.C. § 1182(h); the government argued Petitioner (a conditional permanent resident) failed the statutory seven-year continuous residence requirement.
- The Ninth Circuit denied the petition, holding the records were admissible and Petitioner ineligible for § 1182(h) relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Petitioner is inadmissible for convictions involving moral turpitude | Petitioner challenged admission/reliance on DOJ report and waiver application to prove theft conviction | Records were admissible as an abstract of conviction and the waiver application reasonably indicated the conviction | Court held records admissible; Petitioner convicted of two crimes involving moral turpitude and thus inadmissible |
| Admissibility of California DOJ report | Report contained a small error message, so it was unreliable | Report nevertheless contained required information to qualify under 8 C.F.R. § 1003.41(a)(5) | Court found report admissible despite the minor error |
| Admissibility of petitioner’s waiver application as proof of conviction | Waiver app should not be used as conviction evidence | Waiver app reasonably indicated existence of theft conviction under 8 C.F.R. § 1003.41(d) | Court held waiver application admissible for that purpose |
| Eligibility for § 1182(h) waiver based on seven-year residence | Petitioner argued he could obtain a waiver despite conditional status | Government: conditional permanent residents are "aliens previously admitted as...lawfully admitted for permanent residence" and must meet 7-year continuous residence | Court, citing Eleri, held conditional permanent resident is subject to the seven-year requirement and Petitioner was ineligible |
Key Cases Cited
- Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009) (spousal abuse under Cal. Penal Code § 273.5(a) is a crime involving moral turpitude)
- Castillo-Cruz v. Holder, 581 F.3d 1154 (9th Cir. 2009) (theft under Cal. Penal Code § 484 is categorically a crime involving moral turpitude)
- Eleri v. Sessions, 852 F.3d 879 (9th Cir. 2017) (conditional permanent resident counts as an alien previously admitted as a lawful permanent resident for § 1182(h) purposes)