Jauregui-Cardenas v. Barr, No. 16-71309 (9th Cir. 2020)Annotate this Case
A conviction under California Penal Code 114 is not an aggravated felony or a crime involving moral turpitude under the Immigration and Nationality Act. The Ninth Circuit granted a petition for review of the BIA's decision concluding that petitioner was ineligible for cancellation of removal due to her conviction under section 114.
The panel used the categorical approach to determine whether the California statute categorically quaifies as an aggravated felony. The necessary elements for conviction under section 114 are: (1) the use; (2) of a false document; (3) to conceal citizenship or alien status; (4) with specific intent. The panel compared these elements with the federal definition of an aggravated felony and held that the California statute cannot be a match to the federal offense because it includes documents, such as fake drivers' licenses, that are not enumerated in the description of the federal crime. Furthermore, the state statute was not divisible. The panel also held that section 114 did not constitute a crime involving moral turpitude because, under the categorical approach, section 114 does not require fraudulent intent. Therefore, the panel held that the BIA erred in holding that petitioner's state conviction precluded her from consideration of cancellation of removal. Accordingly, the panel remanded for further proceedings.