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United States Ninth Circuit


Duran v. Lynch, 12-70930

In a petition for review of a Board of Immigration Appeals' (BIA) decision finding petitioner ineligible for cancellation of removal because her conviction for witness tampering under California Penal Code section 136.1(a) was a categorical crime involving moral turpitude (CIMT), the petition is granted where the Immigration Judge and BIA erred by finding CPC section 136.1(a) a categorical CIMT, because the offense is overly broad and not a categorical match to the generic definition of a CIMT.

Appellate Information

  • Published 2017/01/20

Judges

  • CHRISTEN

Court

  • United States Ninth Circuit

Counsel

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