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CA9 on CIMT: Aguirre Barbosa v. Barr

March 28, 2019 (1 min read)

Aguirre Barbosa v. Barr

"Petitioner Pedro Aguirre Barbosa, a Mexican citizen, was convicted of robbery in the third degree in violation of Oregon Revised Statutes section 164.395. An immigration judge (“IJ”) denied relief from removal, and the Board of Immigration Appeals (“BIA”) dismissed Petitioner’s appeal. As relevant here, the BIA held that section 164.395 categorically constitutes a crime involving moral turpitude (“CIMT”) and that Petitioner had failed to prove membership in a “particular social group” for the purpose of establishing refugee status. We hold that section 164.395 is not categorically a CIMT, but we agree that Petitioner did not demonstrate membership in a “particular social group.” Accordingly, we grant the petition for review in part, deny it in part, and remand to the BIA for further proceedings consistent with this decision."

[Hats way off to appointed pro bono counsel Nadia Dahab of Portland's Stoll Berne!  "Nadia’s practice focuses on both trial and appellate advocacy. She has experience in matters relating to complex business disputes, securities fraud, employment, property law, and the environment. Owing to her extensive clerkship experience, Nadia has a passion for appeals. She has authored briefs on a number of appellate issues and has argued cases in the Oregon Supreme Court and the United States Court of Appeals for the Ninth Circuit. Nadia frequently appears in the state appellate courts on behalf of organizations, including the Oregon Trial Lawyers Association, as amicus curiae. Nadia is also committed to pro bono work. She is active in the Oregon appellate courts pro bono program and has appeared more recently in several pro bono immigration cases. Before practicing law, Nadia earned her civil engineering degree and practiced civil and water resources engineering—specializing in hydrologic, hydraulic, and water quality systems design—in Dallas, Texas. She is a licensed Professional Engineer (currently on inactive status) by the Texas Board of Professional Engineers."]