United States Ninth Circuit

Petition for review from a Board of Immigration Appeals' (BIA) decision finding that petitioner's conviction for weapons possession, when enhanced for sentencing purposes by a gang activity conviction, constituted a categorical crime involving moral turpitude is granted, where: 1) a gang enhancement cannot render a non-turpitudinous crime a crime involving moral turpitude; and 2) the determination must be based on the underlying crime of conviction to which the enhancement is attached.

Appellate Information

• Decided 02/13/2015
• Published 02/13/2015

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel