Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. Mar. 4, 2009) (en banc) (Chevron deference applies to the ultimate determination of whether an offense, once established, meets the CMT definition; deference is due to the BIAs assessment of "the character, gravity and moral significance of the conduct" as the BIA "draw[s] upon all its expertise as the single body charged with adjudicating all federal immigration cases."), overruling Plasencia-Ayala v. Mukasey, 516 F.3d 738, 744-745 (9th Cir. 2008); Nicanor-Romero v. Mukasey, 523 F.3d 922, 997 (9th Cir. 2008), and other decisions to the contrary.



As long as the BIAs "understanding" of the term "moral turpitude" does differ from that applied in the Ninth Circuit, then, the Ninth Circuit owes Chevron deference to the BIAs determination of whether a given crime is a CMT.



If the BIAs "understanding" of the term "moral turpitude" can be shown to differ from that of the Ninth Circuit, counsel can argue that no deference is owed. On the other hand, in light of Brand-X, the BIA now has the power to overrule the Ninth Circuit on the ultimate determination of whether a particular offense is a CMT.