Appellate Case: 22-9527 Document: 010110810631 Date Filed: 02/09/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT February 9, 2023 _________________________________ Christopher M. Wolpert Clerk of Court VINCENT MCKINNON, Petitioner, v. No. 22-9527 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, TYMKOVICH, and MATHESON, Circuit Judges. _________________________________ Petitioner Vincent McKinnon, a lawful permanent resident of the United States, was convicted of robbery with a dangerous weapon in 1988 and sexual assault on a child by a person in position of trust in 2004. The Department of Homeland Security (“DHS”) charged Mr. McKinnon as removable under 8 U.S.C. § 1227(a)(2)(A)(ii) for having twice been convicted of crimes involving moral * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 22-9527 Document: 010110810631 Date Filed: 02/09/2023 Page: 2 turpitude (“CIMTs”). The Immigration Judge (“IJ”) found that his convictions qualified as CIMTs and sustained the charge of removability. The Board of Immigration Appeals (“BIA”) affirmed. Mr. McKinnon has filed a petition for review. Exercising jurisdiction under 8 U.S.C. § 1252(a)(1), we deny the petition. I. BACKGROUND Mr. McKinnon was admitted to the United States as a lawful permanent resident in 1982. In 1988, he pled guilty in North Carolina to robbery with a dangerous weapon in violation of § 14-87(a) of the North Carolina General Statutes. Mr. McKinnon was sentenced to 14 years in prison, but he was released after five years. In 2004, a Colorado jury convicted him of (1) sexual assault on a child in violation of § 18-3-405(1) of the Colorado Revised Statutes, and (2) sexual assault on a child by a person in a position of trust in violation of § 18-3-405.3(1). He was sentenced to 16 years in prison. In May 2021, the DHS issued a Notice to Appear charging Mr. McKinnon as removable for having been convicted of CIMTs not arising out of a single scheme of misconduct. See 8 U.S.C. § 1227(a)(2)(A)(ii) (“Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, . . . is deportable.”). The charge was based on the North Carolina robbery conviction and the Colorado conviction for sexual assault on a child by a person in a position of trust. Mr. McKinnon admitted to the fact of the convictions but denied the charge of removability. He applied for 2 Appellate Case: 22-9527 Document: …
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