96 F.4th 670
4th Cir.2024Background
- Carlos Gomez-Ruotolo, a Venezuelan citizen and U.S. lawful permanent resident, was convicted in Virginia of attempted sexual battery (2010) and electronic solicitation of a minor (2018).
- Both convictions involved sexually related offenses against minors, with the solicitation charge resulting from an undercover police operation.
- After serving his prison sentence, Gomez-Ruotolo was placed in removal proceedings for being convicted of two crimes involving moral turpitude (CIMT) and as an aggravated felon.
- The Immigration Judge found him removable as a noncitizen convicted of two CIMTs, but not as an aggravated felon, and denied relief under the Convention Against Torture (CAT).
- The Board of Immigration Appeals (BIA) affirmed the removability and denial of CAT protection; Gomez-Ruotolo was deported and petitioned for judicial review.
Issues
| Issue | Gomez-Ruotolo's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether attempted sexual battery is a CIMT | Statute includes conduct not sufficiently reprehensible; inchoate offense shouldn't count | Statute (specifically part (i)) involves inherently base, vile, or depraved conduct | Attempted sexual battery under part (i) is a CIMT |
| Whether electronic solicitation of a minor is CIMT | "Reason to believe" element allows conviction for mere negligence, not moral turpitude | Statute requires intentional and lascivious intent; BIA precedent supports this as CIMT | Electronic solicitation of a minor is a CIMT |
| Sufficiency of mens rea in solicitation statute | "Reason to believe" is negligence, not the required culpable mental state | Virginia law and precedent require bad faith/scienter, not mere negligence | Sufficient mens rea; not negligence; is CIMT |
| Denial of CAT protection | American ties and conditions in Venezuela mean he faces likely torture upon return | No evidence he is likely to be tortured; no past threats or actions against him in VZ | Substantial evidence supports denial of CAT protection |
Key Cases Cited
- Salazar v. Garland, 56 F.4th 374 (4th Cir. 2023) (articulates framework for determining crimes involving moral turpitude and application of categorical approach)
- Ramirez v. Sessions, 887 F.3d 693 (4th Cir. 2018) (explains definition of moral turpitude and factors for court's deference to BIA)
- Nunez-Vazquez v. Barr, 965 F.3d 272 (4th Cir. 2020) (upholds BIA's authority to define types of conduct constituting moral turpitude)
- Herrera-Martinez v. Garland, 22 F.4th 173 (4th Cir. 2022) (mere existence of country-wide human rights abuses insufficient for CAT protection)
- Mohamed v. Holder, 769 F.3d 885 (4th Cir. 2014) (crime involving nonconsensual sexual conduct is categorically a CIMT)
- Pereida v. Wilkinson, 592 U.S. 224 (2021) (interprets the categorical approach under the INA for immigration removability)