LexisNexis® Legal Newsroom
Ninth Circuit on CIMT, Cal. Penal Code § 422: Latter-Singh v. Holder

"Singh claims that the BIA wrongly determined that a violation of California Penal Code § 422 constitutes a crime involving moral turpitude (or “CIMT”), thus rendering him removable. Although we previously determined that a violation of § 422 is an aggravated felony, see Rosales...

Ceron v. Holder to be Reheard En Banc: CA9

"Upon the vote of a majority of nonrecused active judges, it is ordered that this case [*] be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit." ...

CA9 on CIMT, False Imprisonment: Turijan v. Holder

"Rodrigo Montiel Turijan petitions for review of a final decision of the Board of Immigration Appeals (“BIA”). The issue on appeal is whether felony false imprisonment under California Penal Code (“CPC”) §§ 236 and 237 is a categorical crime involving moral turpitude...

CA9 En Banc on CIMT, Categorical Approach, CPC § 245(a)(1): Ceron v. Holder

Court Staff Summary : "The en banc court granted Ruben Adolfo Ceron’s petition for review of the Board of Immigration Appeals’ decision finding that his conviction for assault with a deadly weapon other than a firearm, in violation of California Penal Code § 245(a)(1), is a categorical...

DHS: Arizona Solicitation Statute Not Divisible, Not a CIMT

Laura Murray-Tjan writes: "I appealed pretermission of a non-LPR cancellation of removal claim to the Ninth Circuit, arguing that (1) the client's Arizona solicitation conviction can't be a CIMT ground of inadmissibility, as the agency had held; and (2) the underlying offense isn't a...

CA9 Upholds Matter of Leal (Categorical CIMT)

Court Staff Summary: "The panel denied Edgar Leal’s petition for review of the three-judge published Board of Immigration Appeals’ decision, Matter of Leal , 26 I. & N. Dec. 20 (BIA 2012), which held that Leal’s conviction for felony endangerment, in violation of Arizona Revised...

CA9 Overturns Almanza-Arenas (CIMT, Inconclusive Record; Young v. Holder abrogated in part)

Court Staff Summary: "The panel granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published decision, Matter of Almanza-Arenas , 24 I. & N. Dec. 771 (BIA 2009), which held that a California state law conviction for vehicle theft constitutes...

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

"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...

CA9 on CIMT, Gang Enhancement: Hernandez-Gonzalez v. Holder

"Does a conviction for a felony “for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members” constitute a crime involving moral turpitude? We hold that the answer...

CA9 on CIMT: Coquico v. Lynch

"We must decide whether “unlawful laser activity” under state law is a crime involving moral turpitude. ... The conclusion we must draw from this comparison is that § 417.26 can be violated by conduct that bears a striking resemblance to non-turpitudinous simple assault, and little...

CA9, En Banc, on CIMT - Almanza-Arenas v. Lynch

Almanza-Arenas v. Lynch, Dec. 28, 2015 Court Staff Summary: "The en banc court granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published precedential decision, Matter of Almanza-Arenas, 24 I. & N. Dec. 771 (BIA 2009) , which held that...

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 §...

CA9 on CIMT, Identity Theft: Linares-Gonzalez v. Lynch

Linares-Gonzalez v. Lynch, Mar. 21, 2016 - Court Staff Summary: "The panel granted Reyes Linares-Gonzales’ and Maribel Preciado’s petitions for review of the Board of Immigration Appeals’ orders finding them ineligible for cancellation of removal in part because their convictions...

CA9 Remands Matter of Ortega-Lopez (CIMT, Cockfighting)

Ortega-Lopez v. Lynch, Aug. 23, 2016 - "Agustin Ortega-Lopez, a Mexican citizen, contends that his misdemeanor conviction for participating in cockfighting in violation of the Unlawful Animal Venture Prohibition, 7 U.S.C. § 2156(a)(1), does not qualify as a categorical crime involving moral...