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DIAZ-FLORES v. GARLAND

No. 17-72563.

993 F.3d 766 (2021)

Jose Guillermo DIAZ-FLORES, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2021.

Attorney(s) appearing for the Case

N. David Shamloo (argued), Portland, Oregon, for Petitioner.

Rebekah Nahas (argued), Trial Attorney; Briena L. Strippoli , Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: M. Margaret McKeown and Patrick J. Bumatay, Circuit Judges, and Michael W. Mosman, District Judge.

OPINION

The question before the court is whether a conviction for first-degree burglary of a dwelling under Oregon Revised Statutes § 164.225 is a crime involving moral turpitude for immigration purposes. The petition before us argues that it is not and that the phrase "crime involving moral turpitude" is unconstitutionally...

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