608 F. App'x 537
9th Cir.2015Background
- Sanchez-Resendez, a Mexican national, became a lawful permanent resident in 2003.
- She pled guilty to facilitation of unlawful transportation of marijuana for sale under AZ statutes.
- The BIA concluded the conviction involved moral turpitude, making her removable.
- Facilitation is an inchoate offense reliant on an underlying drug crime.
- Court applies Descamps two-part framework and modified categorical approach to assess CIMT.
- Record shows Sanchez pled guilty to facilitating unlawful transportation with a sale element, constituting a drug trafficking offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the underlying drug crime is considered for CIMT analysis | Sanchez argues underlying crime should be ignored | BIA/Barragan-Lopez requires looking to underlying crime | Yes; underlying crime must be considered |
| Whether 13-3405(A)(4) is divisible and subject to modified categorical analysis | Not stated separately | Statute is divisible; MCA applies | Statute is divisible; MCA applies |
| Whether Sanchez's conviction with "for sale" renders a CIMT | Conviction lacks CIMT element | Conviction, with 'for sale', is a drug trafficking offense with CIMT | Conviction constitutes a drug trafficking offense with CIMT |
Key Cases Cited
- Barragan-Lopez v. Mukasey, 508 F.3d 899 (9th Cir. 2007) (looked to underlying drug crime for CIMT analysis)
- Descamps v. United States, 133 S. Ct. 2276 (U.S. 2013) (establishes two-part (categorical and modified categorical) approach)
- Rodriguez-Castellon v. Holder, 733 F.3d 847 (9th Cir. 2013) (applies modified categorical approach to divisible statutes)
- Rendon v. Holder, 764 F.3d 1077 (9th Cir. 2014) (discusses scope of divisible statutes in CIMT analysis)
- Barragan-Lopez (secondary citation), 508 F.3d 903–04 (9th Cir. 2007) (possession of marijuana for sale as CIMT)
- Atlantic Richfield Co. v. Guerami, 820 F.2d 280 (9th Cir. 1987) (possession of drugs for sale as CIMT)