A095 129 850
of the Aiona Revised Sttes provides that a person is guilty of money laundering in the seond degree if the person does any of the lowing: [aquires or mantans an interest in ansats, transrs anspots reeives or oneas the existene or nare of raketeering proeeds knoing or having reason to kno that they ae the proeeds of an oense"
Ari Rev Stat
§ 3237()( )
Ameded ount one traks the statutoy anguage, exept that it adds aer te wordoense" a phrase speiing that he oense at issue in the respondents ase was o wit Saleof Coaine"
(Plea Aeement) The respondent ped guilty to his harge asreeted in the August
transript of the Change of Pea"
his transriptalso reets the respodents admissions to the underying ts as reeted in the statesevidene" ie that the respondent was obseed at his plae of eployment thowing items over a fene, was en und to have ore than ten pakets of oaine i his poket, and thenadied that he was aemptig to se the oaie
(Change of Plea at
herespondent also admitted atempting to se ertain items om the salvage business r whih hewas working
The miation Judge und hat the statutory setion under whih the respondentwasonvited did not present a ategorial rime of mora turpitude due to the t that the sienter"requirement is written in the disuntive, ie knows or has reason to know"
oever, due to the respondents tua admissios, as reeted in the plea transript, eImmiation Judge ud that the respondent
that his ondut demosated hewasaquiring or maintainng an interest in trasatio [si trasfering, ransporting, reeiving,or onealing the existene of the nature of raketeering proeeds, knoig hat they were theproeeds of an oense, to wit, sale of oaine"
(emphasis added) he migrationJudge und that this indiated hat the respondent was onvited of money aundering, knowingthat the oense o whih the proeeds were derived was the sale of oaine J at
While we nd o ause to disurb the Immigration Judges analysis of te reord of onvition r the purpose of deteining hether e respondents onvition invoved herequisite evel of siente," as disussed by the Atoey Genera i
Matter of SlvaTrevino, 2
we nd that ther proeedings are neessary to lari te basison whih he Imigration Judge deteined that the Ariona staute at issue reahes the type of reprehensible ondut neessary r a nding that an oense invoved ora tupitudeasa ass
other setios of the Ariona ode were rerened in the amededout oe but hese are not at issue i t aeal
Te mmigration Judge idiated tat he reord of onvitio, iluding the iitialinditent,aswe as he plea agreeent, and the minute ey, and aly the ange of plearansipt"was oered into evidee by the Department of Homeand Seuriy and is Exhibit
(alhoug the douments are not mared)
Cite as: Jesus Ivan Ruiz-Estrada, A095 129 850 (BIA July 11, 2013)