107 F.4th 407
4th Cir.2024Background
- Dolores Ortega-Cordova, an El Salvadoran national, entered the U.S. without inspection in 2002.
- In 2012, Ortega-Cordova was convicted in Virginia for solicitation of prostitution under Va. Code § 18.2-346(B).
- Following his conviction, the Department of Homeland Security initiated removal proceedings against him.
- Ortega-Cordova sought cancellation of removal, arguing his conviction did not bar such relief.
- The Immigration Judge and Board of Immigration Appeals (BIA) denied relief, finding solicitation of prostitution a crime involving moral turpitude.
- Ortega-Cordova petitioned for judicial review, challenging the BIA’s interpretation.
Issues
| Issue | Ortega-Cordova's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether solicitation of prostitution is categorically a crime involving moral turpitude under INA | The offense covers consensual conduct between adults and is not inherently "base, vile, or depraved"; societal views are changing | The offense commodifies sex and is widely deemed to debase a moral norm | Yes; solicitation categorically involves moral turpitude |
| Whether existence of public/legal debate on prostitution affects its classification as a morally turpitudinous crime | Ongoing debate and legality in other countries show conduct is not inherently immoral | Debate does not negate U.S. consensus or state legislative determination | Debate doesn't alter classification; consensus remains |
| Whether crime must be punishable by more than one year to trigger bar under INA | Statute should apply only to felony offenses, i.e., punishable by more than one year | Statutory text includes offenses punishable by one year or longer | Statute covers offenses punishable by one year or longer |
| Whether BIA abused discretion by using single-member panel instead of three-member panel | BIA erred in not assigning his case to a three-member panel | No request made for three-member panel; administrative remedies not exhausted | No abuse; issue unpreserved and unexhausted |
Key Cases Cited
- Gomez-Ruotolo v. Garland, 96 F.4th 670 (4th Cir. 2024) (defines crime involving moral turpitude as behavior "inherently base, vile, or depraved")
- Ramirez v. Sessions, 887 F.3d 693 (4th Cir. 2018) (lays out two-part test for crime involving moral turpitude: culpable mental state and actus reus violating moral norm)
- Mohamed v. Holder, 769 F.3d 885 (4th Cir. 2014) (discusses categorical approach for determining crimes of moral turpitude)
- Salazar v. Garland, 56 F.4th 374 (4th Cir. 2023) (explains how categorical approach assesses statute’s minimum conduct)
- Reyes v. Lynch, 835 F.3d 556 (6th Cir. 2016) (BIA reasonably concluded prostitution and solicitation are crimes involving moral turpitude)
- Rohit v. Holder, 670 F.3d 1085 (9th Cir. 2012) (prostitution and solicitation always involve moral turpitude)