Carrillo v. Holder, No. 12-70779 (9th Cir. 2015)
Annotate this CasePetitioner, a citizen of Mexico, was turned over to the Department of Homeland Security (DHS), which charged him with removability as an alien who had been convicted of a crime of domestic violence. An immigration judge found Petitioner removable as charged due to his 2002 conviction under Cal. Penal Code 273.5 and sustained the charge of removability. Petitioner appealed, arguing that because the Ninth Circuit’s had decided that section 273.5 was not categorically a crime involving moral turpitude, by analogy the Court should find that section 273.5 is not a crime of domestic violence. The Board of Immigration Appeals affirmed, holding that section 273.5 is categorically a crime of domestic violence and that the negative factors outweighed the positive equities in Petitioner’s application. The Ninth Circuit affirmed, holding that 273.5 is categorically a crime of domestic violence within the meaning of 8 U.S.C. 1227(a)(12).
Court Description: Immigration. The panel denied Jose Luis Marquez Carrillo’s petition for review from the Board of Immigration Appeals’ order removing him due to his conviction for a crime of domestic violence. The panel held that the BIA correctly found that a conviction for violating California Penal Code § 273.5(a) constitutes a categorical crime of domestic violence within the meaning of 8 U.S.C. § 1227(a)(2)(E)(i).
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