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BIA Dismisses Respondent’s Appeal and Discusses §18.5 of the California Penal Code

The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for a foreign national’s state offense from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II) to a past conviction for a crime involving moral turpitude “for which a sentence of one year or longer may be imposed.”

Court Rules That Violation of Maryland Theft Statute Is Not CIMT

The Fourth Circuit held that Md. Crim. Law §7–104, which combines multiple theft offenses into a single statute, cannot categorically qualify as a CIMT under Diaz-Lizarraga and remanded for consideration for cancellation of removal.

CA9 Says Fleeing from Police Under California Vehicle Code §2800.2 Is Not Categorically a CIMT

The Ninth Circuit Court of Appeals granted the petition for review of the Board of Immigration Appeals’ decision and held that the petitioner’s conviction for fleeing from a police officer under California Vehicle Code §2800.2 was not categorically a crime involving moral turpitude (CIMT), because the conduct criminalized does not necessarily create the risk of harm that characterizes a CIMT. The court concluded by ruling that the petitioner was not statutorily ineligible for cancellation of removal.

Crime of Moral turpitude found

Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Ceron v. Holder, 747 F.3d 773 (9th Cir. 2014) (en banc), distinguished.

Sexual violation case ruled upon

A sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is particularly young—that is, under 14 years of age—or is under 16 and the age differential between the perpetrator and victim is significant, or both, even though the statute requires no culpable mental state as to the age of the child. Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016), clarified.

BIA Says Arizona Felony Conviction for Solicitation to Possess Marijuana for Sale Is a CIMT

In a precedent decision issued today, the BIA clarified Matter of Vo, holding that, within the jurisdiction of the Ninth Circuit, a returning lawful permanent resident (LPR) who has a felony conviction for solicitation to possess marijuana for sale is an arriving alien who is inadmissible under INA §212(a)(2)(A)(i)(I) for having committed a crime of moral turpitude (CIMT), even though that section of the INA refers only to attempt and conspiracy to commit a CIMT.

Identity theft ruled NOT to be CIMT

The Ninth Circuit granted the petitioners’ petitions for review, holding that the BIA erred in finding that their convictions for identity theft under California Penal Code §§530.5(a) and (d)(2) were categorically crimes involving moral turpitude, because violations of those subsections do not constitute fraud-based crimes, nor do they necessarily involve vile, base, or depraved conduct.

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