23 Jan 2017

CA9 on CIMT: Duran v. Lynch

Duran v. Lynch, Jan. 20, 2017 - "This immigration case turns on whether California Penal Code section 136.1(a),California’s witness tampering statute, is a categorical crime involving moral turpitude. ... We grant the petition with respect to Duran’s application for cancellation of removal because the IJ and BIA failed to consider the broad definition of “malice” in California Penal Code section 136, which indicates that the offense is not a categorical match to the generic definition of a crime involving moral turpitude."

[Hats off to Susan E. Hill!]