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