United States Ninth Circuit

The petition for review of the Board of Immigration Appeals' (BIA) decision finding that petitioner's conviction for assault with a deadly weapon other than a firearm, in violation of California Penal Code section 245(a)(1), is a categorical crime involving moral turpitude for which a sentence of one year or longer may be imposed, is granted, where: 1) the BIA correctly held that the conviction was for a crime for which a sentence of one year or longer may be imposed; but 2) the BIA erred in finding that a conviction under section 245 involved moral turpitude when it relied on cases that are no longer good law, so the matter must be remanded for the BIA to determine in the first instance, whether section 245(a)(1) constitutes a categorical crime involving moral turpitude.

Appellate Information

• Decided 03/31/2014
• Published 03/31/2014

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel