The Ninth Circuit has determined that Skidmore deference is the appropriate level of deference to apply to the agency’s determination that a conviction constitutes a crime involving moral turpitude. Under Skidmore, the agency’s decision is entitled to “due respect,” but not binding deference. Applying this standard, the Court determined that the agency’s abolition of the distinction between permanent takings and certain less-than-permanent takings in Matter of Diaz-Lizarraga is entitled to deference. With that definition, the Court agreed that a conviction for theft under the Reno Municipal Code is a crime involving moral turpitude. The Court also deferred to the decision in Matter of Nolan, finding that the non existence of a pardon for a municipal offense does not preclude its classification as a conviction. Finally, with respect to prior interpretations of what crimes involving moral turpitude “arise from a single scheme,” the Court noted that it had deferred under Chevron to Matter of Adetiba in Szonyi v. Whitaker. Although Chevron deference has been abolished, the Court found it was still bound by precedent in Szonyi.
The full text of Lopez v Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2024/09/11/23-870.pdf