Hernandez-Cruz v. Holder Jr., No. 08-73805 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Guatemala, was convicted twice for second-degree commercial burglary when he was arrested for walking out of a supermarket with unpaid items on two separate occasions. As a result, the BIA found him removable as an alien convicted of an aggravated felony and also as an alien convicted of two crimes involving moral turpitude (CIMTs). Petitioner petitioned for review, challenging the determinations that the prior convictions were grounds for removal. The court held that the BIA erred in holding that petitioner's convictions were generic attempted theft offenses where simply entering a commercial building was not in itself "a substantial step" supporting attempted theft liability. The court also held that the BIA erred in concluding that the convictions qualified as CIMTs, either because it misapprehended the elements of the crime of conviction or because it misread caselaw. Therefore, the court granted the petition for review and vacated the order of removal.
The court issued a subsequent related opinion or order on August 31, 2011.
The court issued a subsequent related opinion or order on August 31, 2011.
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