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CA9 on CIMT, AggFel: Jauregui-Cardenas v. Barr

January 13, 2020 (1 min read)

Jauregui-Cardenas v. Barr

"Maria Jauregui-Cardenas petitions for review of a final order of removal, arguing the Board of Immigration Appeals (“BIA”) erred in holding that she is an inadmissible alien who is not eligible for discretionary relief. The BIA concluded Jauregui-Cardenas is ineligible for cancellation of removal because her conviction for using false documents to conceal citizenship, in violation of California Penal Code (“CPC”) § 114, categorically qualifies as an aggravated felony and alternatively, a crime involving moral turpitude (“CIMT”). Because the BIA erred in concluding that a conviction under CPC § 114 qualifies as an aggravated felony and a CIMT, we grant Jauregui-Cardenas’ petition and remand for further consideration."

[Hats off to Richard Flores Lemus!]