Castrijon-Garcia v Holder, Jr., No. 09-73756 (9th Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of the BIA's holding that his conviction for simple kidnapping under California Penal Code (CPC) 207(a) was categorically a crime involving moral turpitude under 8 U.S.C. 1182(a)(2)(A)(i)(I), making him statutorily ineligible for cancellation of removal. The court held that simple kidnapping under CPC 207(a) was not categorically a crime involving moral turpitude where simple kidnapping did not involve an intent to harm someone, the actual infliction of harm upon someone, or an action that affected a protected class of victim. The court granted the petition for review and remanded to allow the BIA to conduct a modified categorical analysis of petitioner's crime.
Court Description: Immigration. The panel granted Javier Castrijon-Garcia’s petition for review from the Board of Immigration Appeals’ decision finding him statutorily ineligible for cancellation of removal, based on the BIA’s holding that a conviction for simple kidnapping, in violation of California Penal Code § 207(a), is a categorical crime involving moral turpitude. The panel held that CPC § 207(a) does not constitute a categorical crime involving moral turpitude because it does not require an intent to injure, actual injury, or a special class of victims. The panel also found that California courts have applied CPC § 207(a) to conduct that is not morally turpitudinous, and remanded for the BIA to apply the modified categorical approach.
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