Jose Reyes v. Loretta Lynch
835 F.3d 556
| 6th Cir. | 2016Background
- Petitioner Jose Dolores Reyes, a Mexican national and U.S. lawful permanent resident since 1998, faced removal after DHS charged he had been convicted of two or more crimes involving moral turpitude (CIMTs).
- Relevant prior convictions listed: (1) solicitation of prostitution (Hamilton, Ohio, 2000), (2) passing bad checks (2003), and (3) resisting arrest (2005).
- The IJ found the solicitation and passing bad checks convictions to be CIMTs and ordered removal; the BIA affirmed, relying in part on Ninth Circuit precedent.
- Reyes argued his 2000 solicitation conviction (Hamilton Codified Ordinances § 533.09(a)) is not a CIMT because solicitation for one’s own behalf is not inherently base and because prostitution is legal or decriminalized in some jurisdictions.
- The Sixth Circuit reviewed de novo the statutory elements and applied the categorical approach to determine whether solicitation of prostitution is a CIMT, giving Chevron deference to the BIA’s precedential interpretations of the INA.
- Court held solicitation of prostitution is a CIMT and denied the petition for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether solicitation of prostitution is a crime involving moral turpitude (CIMT) | Reyes: A single act of solicitation for oneself is not inherently base; decriminalization/legalization elsewhere shows it is not malum in se | Government/BIA: Solicitation is the direct precursor to prostitution; BIA precedent treats prostitution-related offenses as CIMTs, so solicitation is similarly base | Solicitation of prostitution is a CIMT; petition denied |
Key Cases Cited
- Rohit v. Holder, 670 F.3d 1085 (9th Cir. 2012) (solicitation of prostitution is a CIMT given BIA precedent treating prostitution-related offenses as morally turpitudinous)
- Serrato-Soto v. Holder, 570 F.3d 686 (6th Cir. 2009) (explaining the categorical approach for determining CIMTs)
- Ruiz-Lopez v. Holder, 682 F.3d 513 (6th Cir. 2012) (jurisdictional limits and review standards for CIMT-based removal orders)
- Yeremin v. Holder, 738 F.3d 708 (6th Cir. 2013) (reviewing IJ and BIA decisions when BIA adopts and adds comments)
- Quintero-Salazar v. Keisler, 506 F.3d 688 (9th Cir. 2007) (discussing relevance of widespread criminalization in determining malum in se vs. malum prohibitum)
- Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (Sup. Ct. 1984) (agency interpretations of ambiguous statutes entitled to deference)