Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
https://cbocalbos.wordpress.com/tag/cimt/
https://cbocalbos.wordpress.com/tag/crime-of-moral-turpitude/
https://cbocalbos.wordpress.com/tag/identity-fraud/
https://californiaimmigration.us/waivers/criminal-waiver-of-inadmissibility-prepared-by-deportation-law/
Filed under: Immigration Attorney | Tagged: cimt, crime of moral turpitude, identity fraud, theft | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, finding that a conviction under California’s theft statute is categorically not a theft offense, and thus not an aggravated felony, because the statute is both overbroad and indivisible, and such a conviction is not susceptible to the modified categorical approach pursuant to Descamps v. United States and Rendon v. Holder.
https://cbocalbos.wordpress.com/tag/aggrvated-felony/
https://cbocalbos.wordpress.com/tag/ag-felon/
https://cbocalbos.wordpress.com/tag/aggravated-felon/
https://californiaimmigration.us/adjustment-of-status-granted-for-felon/
Filed under: Aggravated Felonies | Tagged: aggravated felony, categorical approach, descamps, indivisible, modified categorical approach, overbroad, theft, theft offense | Leave a comment »
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