The Ninth Circuit held that the BIA erred in looking outside the record of the conviction to conclude that the petitioner was convicted of spousal abuse under California Penal Code §273.5(a) and remanded for the BIA to consider whether the petitioner is eligible for the petty offense exception under INA §212(a)(2)(A)(ii).

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Court Says BIA Erred in Looking Outside the Record to Rule on Consequences of Conviction