United States Ninth Circuit

Petition for review of a Board of Immigration Appeals (BIA) decision affirming a final order of removal - on grounds that petitioner's conviction for vehicle theft pursuant to California Vehicle Code section 10851(a) constituted a crime involving moral turpitude (CIMT) - is granted, where: 1) because the statute provides alternative, non-CIMT means by which the offense may be committed, but not alternative elements, it is an indivisible statute, and the BIA thus erred in applying the modified categorical approach; and 2) because the record was inconclusive as to whether petitioner was convicted of temporarily or permanently taking a vehicle, the BIA erred in finding him ineligible for cancellation of removal.

Appellate Information

• Decided 11/10/2014
• Published 11/10/2014

Judges

• Pregerson

Court

• United States Ninth Circuit

Counsel