The Ninth Circuit has deferred to the Board of Immigration Appeals’ decision in Matter of Islam, construing the exception to deportability for two crimes involving moral turpitude arising out of the same scheme of conduct. The Ninth Circuit also found that retroactive application of this standard to the petitioner is permissible because at the time of the petitioner’s plea, the Board had not yet stated that it would apply contrary circuit case law.

The full text of Szonyi v. Whitaker can be found here: