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Avinesh Anand Rohit v. Eric H. Holder Jr.

February 29, 2012

AVINESH ANAND ROHIT, PETITIONER,
v.
ERIC H. HOLDER JR., ATTORNEY GENERAL, RESPONDENT.



On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A042-690-622

The opinion of the court was delivered by: Wallace, Senior Circuit Judge:

FOR PUBLICATION

OPINION

Argued and Submitted January 12, 2012-San Francisco, California

Before: J. Clifford Wallace and Milan D. Smith, Jr., Circuit Judges, and Jed S. Rakoff, Senior District Judge.*fn1

Opinion by Judge Wallace

OPINION

Avinesh Anand Rohit petitions for review of a decision of the Board of Immigration Appeals (Board) denying his application for voluntary departure. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition.

I.

Rohit was convicted for disorderly conduct involving prostitution under California Penal Code § 647(b) and attempting to dissuade a witness or victim under California Penal Code § 136.1(c).

In Rohit's removal proceeding, the immigration judge (IJ) held that these statutes categorically constitute crimes involving moral turpitude, making Rohit removable under 8 U.S.C. § 1227(a)(2)(A)(ii). The IJ denied Rohit's application for relief in the form of asylum, withholding of removal, and protection under the Convention Against Torture, but did not address his request for voluntary departure. The Board affirmed the IJ's decision, but remanded for the IJ to address Rohit's request for voluntary departure.

On remand the IJ denied voluntary departure, and the Board dismissed the appeal that followed. Rohit petitioned this court for review of each of the preceding decisions. We denied the petition for review as to his request for asylum, withholding of removal, and relief under the Convention Against Torture, but held that the Board had overlooked Rohit's argument that disorderly conduct involving prostitution does not involve moral turpitude. We remanded to the Board to determine whether disorderly conduct involving prostitution involves moral turpitude.

On remand, the Board held that disorderly conduct involving prostitution is a crime involving moral turpitude. Relying on its prior holding that dissuading a witness or victim involves moral turpitude, the Board held that Rohit was removable under 8 U.S.C. ยง 1227(a)(2)(A)(ii) for committing two crimes involving moral turpitude. Rohit now petitions us for review, arguing that he is not ...


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