Pannu v. Holder, No. 07-71988 (9th Cir. 2011)
Annotate this CasePetitioner, a native of India, petitioned for review of a decision by the Board of Immigration Appeals ("BIA") affirming the immigration judge's ("IJ") determination that he was removable for having been convicted of two or more crimes involving moral turpitude ("CIMT"). At issue was whether the BIA properly determined that petitioner's conviction for failing to register constituted a CIMT and, coupled with a conceded theft CIMT, rendered him removable. The BIA then found it unnecessary to conduct a modified categorical analysis regarding petitioner's indecent exposure convictions. The court held that, in light of significant intervening developments, the case must be remanded for the BIA to consider whether petitioner's crime constituted a CIMT under the proper definition of moral turpitude as outlined in Matter of Silva-Trevino. The court also held that should the BIA determine that petitioner's failure to register conviction did not qualify as a CIMT, it should consider the issue left open in its prior ruling regarding petitioner's indecent exposure convictions.
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