RODRIGUEZ-VALENCIA v. Holder
652 F.3d 1157
9th Cir.2011Background
- Rodriguez-Valencia, a Mexican citizen, petitions for review of a BIA decision dismissing his appeal from an IJ finding of removability and denial of cancellation of removal.
- Convictions: six California Penal Code § 350(a)(2) offenses for willfully manufacturing, intentionally selling, and knowingly possessing for sale counterfeit marks.
- Issue: whether these counterfeiting convictions constitute an aggravated felony under INA § 101(a)(43)(R).
- Legal framework: apply the Taylor categorical approach to compare the statute's elements with the aggravated felony definition.
- Court's stance: the broad interpretation of 'relating to' counterfeiting covers more than currency-related crimes, so the convictions may qualify.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §350 counterfeit conviction qualify as an aggravated felony? | Rodriguez-Valencia argues generic counterfeiting is currency-focused only. | respondent contends 'relating to' counterfeiting is broad and includes trademarks. | Yes; convictions relate to counterfeiting and qualify. |
| Does California § 350 require intent to defraud for this offense? | Rodriguez-Valencia contends lack of intent to defraud defeats status as aggravated felony. | County's view: §350 inherently fraudulent; intent aligns with generic counterfeiting. | §350 involves fraudulent conduct; intent to defraud is not necessary to defeat aggravated felony claim. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical approach for aggravated felonies)
- Penuliar v. Mukasey, 528 F.3d 603 (9th Cir. 2008) (apply Taylor to 8 U.S.C. § 1101(a)(43))
- Albillo-Figueroa v. INS, 221 F.3d 1070 (9th Cir. 2000) (‘relating to’ language broad in INA)
- Magasouba v. Mukasey, 543 F.3d 13 (1st Cir. 2008) (convictions for counterfeiting trademarks relate to counterfeiting)
- Park v. Attorney General of United States, 472 F.3d 66 (3d Cir. 2006) (trafficking in counterfeit goods relates to counterfeiting)
- Morales v. Trans World Airlines, 504 U.S. 374 (U.S. 1992) (‘relating to’ has broad scope)
- Reich, 479 F.3d 179 (2d Cir. 2007) (some forgeries don't require intent to defraud)
- Tall v. Mukasey, 517 F.3d 1115 (9th Cir. 2008) (California § 350 is inherently fraudulent)
- Winestock v. I.N.S., 576 F.2d 234 (9th Cir. 1978) (distinguishing general intent to defraud)
- Luu-Le v. I.N.S., 224 F.3d 911 (9th Cir. 2000) (interpretation of ‘relating to’ in INA)