Iosefa Potoae v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IOSEFA POTOAE,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71850
Agency No. A073-444-385
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 8, 2011**
Seattle, Washington
Before: REINHARDT, W. FLETCHER, and RAWLINSON, Circuit Judges.
Petitioner, Iosefa Potoae (Potoae), a native of Somoa and lawful permanent
resident, petitions for review of the Board of Immigration Appeals (BIA) decision
finding Potoae removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(i). The BIA
determined that Potoae’s conviction for communicating with a minor for immoral
FILED
OCT 14 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Because we determine that Potoae was removable due to his commission of1
a crime involving moral turpitude, we need not and do not address the BIA’s
determination that Potoae was also removable due to his commission of an
aggravated felony.
2
purposes, in violation of Wash. Rev. Code § 9.68A.090, constituted a crime
involving moral turpitude.
The BIA correctly concluded that Potoae was removable under 8 U.S.C. §
1227(a)(2)(A)(i) for commission of a crime involving moral turpitude. We have
defined moral turpitude as “conduct that is inherently base, vile, or depraved and
contrary to accepted rules of morality.” Morales v. Gonzales, 478 F.3d 972, 978
(9th Cir. 2007), as amended (citations and internal quotation marks omitted).
Applying this definition, we held that violation of § 9.68A.090 categorically
constitutes a crime involving moral turpitude. See id. Our holding in Morales
controls this case and compels the conclusion that Potoae was removable for
having committed a crime involving moral turpitude.1
PETITION DENIED.

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