Immigration Law

CA9 on CIMT, Perjury, Divisibility: Rosales Rivera v. Lynch

Rosales Rivera v. Lynch, Mar. 10, 2016- Court Staff Summary: "The panel granted Milton Rosales Rivera’s petition for review of the Board of Immigration Appeals’ denial of cancellation of removal based on its finding that his conviction for perjury under California Penal Code § 118 was a crime involving moral turpitude. The panel held that CPC § 118 is not a categorical CIMT, and that it is divisible because it criminalizes two distinct offenses, written and oral perjury. Applying the modified categorical approach, the panel held that written perjury, Rosales Rivera’s offense of conviction, is not a CIMT. The panel noted that it focused solely on CPC § 118, and did not consider the rest of the California state law perjury framework."  [Hats off to appointed pro bono counsel, Nicole C. Henning, a partner in Jones Day's Chicago office!]