U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals
qffice of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Ch11rch, Virginia 22041

OHS/ICE Office of Chief Counsel - CLE

1240 E. 9th St., Room 585
Cleveland, OH 44199

Name: MORENO LEDESMA, JULIO

A 206-738-790

Date of this notice: 11/28/2016

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

Don.nL c

WlA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Pauley, Roger
Geller, Joan B
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: Julio Ledesma Moreno, A206 738 790 (BIA Nov. 28, 2016)

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Perella Hadden, Marie Louise

Muchnicki & Bittner, LLP
2000 West Henderson Road, Suite 150
Columbus, OH 43220

U.S. Department of Justice

Executive Office for Immigration Review
Board of Immigration Appeals
q[fice of the Clerk
5/07 leesburg Pike, Suite 2000
Falls Church, Virginia 220./J

DHS/ICE Office of Chief Counsel - CLE

1240 E. 9th St., Room 585
Cleveland, OH 44199

Name: MORENO LEDESMA, JULIO

A 206-738-790

Date of this notice: 11/28/2016

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Sincerely,

Dowu.., C

tl./V1..)

Donna Carr
Chief Clerk
Enclosure
Panel Members:

Pauley, Roger
Geller, Joan B
Guendelsberger, John

Userteam:

Cite as: Julio Ledesma Moreno, A206 738 790 (BIA Nov. 28, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

MORENO LEDESMA, JULIO

A206-738-790
MORROW COUNTY JAIL
101 HOME ROAD
MT. GILEAD, OH 43338

'

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A206 738 790-Hamilton, OH

Date:

NOV 2 8 2016

In re: JULIO MORENO LEDESMA a.k.a. Julio Moreno Ledezma

APPEAL
ON BEHALF OF RESPONDENT: Marie L. Perella Hadden, Esquire
ON BEHALF OF OHS:

Kris K. Stoker
Assistant Chief Counsel

CHARGE:
Notice: Sec.

212(a)(6)(A)(i), I&N Act [8 U.S.C. 1182(a)(6)(A)(i)] Present without being admitted or paroled

Lodged: Sec.

2I2(a)(2)(A)(i)(I), l&N Act [8 U.S.C. 1182(a)(2)(A)(i)(I)] Crime involving moral turpitude

APPLICATION: Remand
The respondent has appealed the Immigration Judge's decision of January 13, 2015, which
incorporated by reference an oral decision previously rendered on December 16, 2014, sustaining
the charges of removability. The Department of Homeland Security has submitted a brief in
opposition to the appeal. The respondent has also submitted a motion to remand on the basis of
a change in law. The appeal will be sustained and the record remanded for further proceedings.
The Board reviews an Immigration Judge's findings of fact under the "clearly erroneous"
standard, and reviews all other matters including questions of law and issues of discretion
de novo. 8 C.F.R. 1003.l{d)(3)(i), (ii).
The respondent sustained two relevant criminal convictions in Ohio in 2014. The first was
for Obstructing Official Business in violation of OHIO REVISED CODE 2921.31(A), and the
second was for Menacing in violation of OHIO REVISED CODE 2903.22(A). The Immigration
Judge concluded that both of these convictions were for crimes involving moral turpitude, which
renders the respondent ineligible for post-conclusion voluntary departure in addition to rendering
him removable wider section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act, 8 U.S.C.
1182(a)(2)(A)(i)(D. The respondent contends that neither of these convictions qualifies as a
crime involving moral turpitude.
We disagree with the Immigration Judge that OHIO REVISED CODE 2921.31(A)
categorically constitutes a crime involving moral turpitude. This statute provides that no person
"with purpose to prevent, obstruct, or delay the performance by a public official of any
authorized act within the public official's official capacity, shall do any act that hampers or
Cite as: Julio Ledesma Moreno, A206 738 790 (BIA Nov. 28, 2016)

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IN REMOVAL PROCEEDINGS

A206 738 790

With respect to the respondent's conviction under OHIO REVISED CODE 2903.22(A), the
record reflects that the respondent's sentence was only 30 days and the maximum possible
sentence for this conviction was less than six months. OHIO REVISED CODE 2929.24(a)(4).
Therefore, even if this conviction constitutes a crime involving moral turpitude it would
nonetheless fall within the petty offense exception. See section 212(a)(2)(A)(ii) of the Act.
Accordingly, the respondent is not removable under section 212(a)(2)(A)(i)(I) of the Act. We
will therefore remand this matter for a determination regarding the respondent's eligibility for
relief from removal, and accordingly enter the following orders.
ORDER: The appeal is sustained.
FURTHER ORDER: The record is remanded for further proceedings consistent with the
foregoing opinion and for the entry of a new decision.

FOR THE BOARD <:::.:

2
Cite as: Julio Ledesma Moreno, A206 738 790 (BIA Nov. 28, 2016)

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impedes a public official in the performance". of that official's lawful duties. An individual may
be convicted under this statute for acts which do not necessarily include moral turpitude. See,
e.g., State v. Stayton, 709 N.E.2d 1224 (Ohio Ct. App. 1998) (sustaining a conviction under
section 2921.31(A) for placing coins in several expired parking meters as a police officer was
about to write citations for the vehicles). Additionally, this statute is not divisible such that we
can apply a modified categorical approach. Descamps v. United States, 133 S. Ct. 2276 (2013).
Therefore, we conclude this conviction is not a conviction for a crime involving moral turpitude.

January 13, 2015

File: A206-738-790
In the Matter of
)
)
)
)

JULIO MORENO LEDESMA

RESPONDENT
CHARGES:

IN REMOVAL PROCEEDINGS

Section 212(a)(6)(A)(i) of the Immigration and Nationality Act, as

amended - an alien present in the United States without being
admitted or paroled; and
Section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act, as
amended - an alien who has been convicted of, or who admits
having committed, or who admits committing acts which constitute
the essential elements of a crime involving moral turpitude (other
than a purely political offense) or an attempt or conspiracy to
commit such a crime.

ISSUES:

Removability and post-conclusion voluntary departure.

ON BEHALF OF RESPONDENT: BRIAN J. HOFFMAN

ON BEHALF OF OHS: JEREMY J. SANTORO, Assistant Chief Counsel

ORAL DECISION OF THE IMMIGRATION JUDGE

Respondent is an adult male, who is a native and citizen of Mexico. A Notice to
Appear, dated November 14, 2014, was personally served upon the respondent on said
date. An additional charge of removability was filed pursuant to an 1-261. The Notice to
1

Immigrant & Refugee Appellate Center, LLC | www.irac.net

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
CLEVELAND, OHIO

'r

Appear was marked and admitted as Exhibit No. 1. The 1-261 was marked and
admitted as Exhibit No. 2. Additionally, respondent's Record of Conviction was marked

At a Master Calendar hearing conducted December 11, 2014, the respondent

admitted factual allegations 1, 2 and 4 contained in the Notice to Appear. The
respondent also admitted factual allegation no. 5 contained in the 1-261. The
respondent conceded removability under INA Section 212(a)(6)(A)(i) of the Act. As
such, the Court found the respondent removable as charged. See Section 240(c)(1)(A)
of the Act. Mexico was designated as the country of removal.
With respect to the charge of removability contained in the 1-261, the Court
issued a written decision dated December 16, 2014. Said written decision has been
marked and admitted as Exhibit No. 4. In said decision, the Court considered the
admissions of respondent and the conviction records at Exhibit No. 3. Based upon said
evidence, the Court found the respondent removable as charged under INA Section
212(a)(2)(A)(i)(I). This Court hereby incorporates, in detail and by reference, the written
decision contained at Exhibit No. 4.
At a Master Calendar hearing conducted January 13, 2015, the respondent
appeared with counsel. At said hearing, the Court inquired to determine if the
respondent was going to pursue cancellation of removal for a nonpermanent resident or
any other relief from removal. The Court was advised that the respondent was electing
to appeal this Court's decision regarding removability and to request voluntary departure
under safeguards. When considering the respondent's request for voluntary departure
pursuant to INA Section 240B(b), it is incumbent upon the respondent to establish and
prove that he has been a person of good moral character for at least five years
immediately preceding his request for voluntary departure.

A206-738-790

January 13, 2015

Immigrant & Refugee Appellate Center, LLC | www.irac.net

and admitted into evidence as Exhibit No. 3.

Based upon respondent's convictions and the written decision contained at

Exhibit No. 4, the Court concluded that the respondent does not possess the requisite

elected not to pursue relief from removal, this Court will deny the request for post
conclusion voluntary departure and issue an order that he be removed to Mexico.
ORDERS OF THE COURT
IT IS HEREBY ORDERED that respondent is found removable as charged under
INA Section 212(a)(6)(A)(i) and found removable under INA Section 212(a)(2)(A)(i)(I).
IT IS FURTHER ORDERED that respondent's application for post-conclusion
voluntary departure is denied, and the respondent is hereby ordered removed to
Mexico.

Please see the next page for electronic

signature

A206-738-790

THOMAS JANAS
Immigration Judge

January 13, 2015

Immigrant & Refugee Appellate Center, LLC | www.irac.net

good moral character pursuant to INA Section 101(f)(3). As such, as the respondent

'

..

J,

/Isl/
Immigration Judge THOMAS JANAS

Immigrant & Refugee Appellate Center, LLC | www.irac.net

janast on February 26, 2015 at 3:40 PM GMT

A206-738-790

January 13, 2015