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Oscar Rojas v. Holder

The Ninth Circuit held that admission to criminal conduct (here, an adult having consensual sex with a minor) could be used to deny pre-completion voluntary departure even if the conduct did not result in a conviction. The court supported that conclusion with a citation to a 1999 decision by the Board of Immigration Appeals (Matter of Arguelles-Campos, 22 I&N Dec. 811 (BIA 1999), which noted in passing that "other evidence of bad character or the undesirability of the applicant as a permanent resident" could be considered even though pre-completion voluntary departure does not require a showing of good moral character.