Cisneros-Guerrerro v. Holder, No. 13-60446 (5th Cir. 2014)Annotate this Case
Petitioner, a native and citizen of Mexico, petitioned pro se for review of the BIA's finding that his prior offense of public lewdness under Texas Penal Code 21.07 was categorically a crime involving moral turpitude and that he was ineligible for cancellation of removal under section 240A(b)(1) of the Immigration and Nationality Act (INA), 8 U.S.C. 1229b(b)(1). The court concluded that petitioner's offense under the statute is not categorically a crime involving moral turpitude because section 21.07 is divisible into discrete subsections of turpitudinous acts and non-turpitudinous acts. Therefore, the IJ and the BIA erred in declining to review petitioner's record of conviction under the modified approach to determine whether he was convicted under a subsection that describes a crime involving moral turpitude. The court granted the petition for review.