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On November 5, 2014, the Ninth Circuit Court of Appeals issued a decision that could greatly affect an immigrant’s eligibility for relief in removal proceedings.  The Ninth Circuit held in Ibarra-Hernandez v. Holder, _ F.3d__, No. 11-70739 (9th Cir. Nov. 5, 2014), that a conviction under Arizona Revised Statutes § 13-2008(A) is not categorically a crime involving moral turpitude because not every possible variation of the crime requires proof of fraud.  However, the Ninth found that the Board of Immigration Appeals reasonably held that stealing a real person’s identity for the purpose of obtaining employment is inherently fraudulent, and therefore, that it involves moral turpitude.

As a result, based on this case, pleading to A.R.S. § 13-2008(A) could have serious immigration consequences.  An immigrant in criminal proceedings should always consult a knowledgeable immigration attorney to fully be informed of the immigration consequences.

Find the full decision here: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/11/05/11-70739.pdf