Use this button to switch between dark and light mode.

CA9 on Evidence, CIMT: Vargas Cervantes v. Holder (upholding Rotimi)

November 19, 2014 (1 min read)

"We hold that although the BIA correctly determined that Vargas’s conviction under California Penal Code § 422 was for a CIMT and that Vargas is ineligible for an extreme hardship waiver, the BIA erred in concluding that Vargas’s conviction under California Penal Code § 273.5(a) was for a CIMT by looking to evidence outside the record of conviction. Accordingly, we grant the petition for review and remand for further proceedings consistent with this opinion." - Vargas Cervantes v. Holder, Nov. 19, 2014.  [Hats off to Judy Lorenzo!]