Lozano-Arredondo v. Sessions, No. 11-72422 (9th Cir. 2017)Annotate this Case
The Ninth Circuit granted the petition for review of the BIA's decision concluding that petitioner was ineligible for cancellation of removal because his conviction for petit theft in Idaho was a crime involving moral turpitude. The panel held that the record of conviction was inadequate to determine whether petitioner was convicted of a crime involving moral turpitude because the record did not identify any particular statute of conviction and Idaho's petit theft statute was overbroad under the categorical approach. Under the modified categorical approach, the record contained insufficient information to determine whether petitioner was convicted under one of the Idaho petit theft provisions meeting the generic federal offense. The panel also held that the BIA erred by deciding at Chevron step one that an "offense under" 8 U.S.C. 1227(a)(2)(A)(i) did not include the within-five-years element. The panel remanded for further proceedings.