Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. Mar. 4, 2009) (en banc) (no deference owed to the BIAs definition of "crime of moral turpitude.")

NOTE: Here the Ninth Circuit declines to give deference to the Matter of Silva-Trevino, 24 I. & N. Dec. 687, 688 (A.G. 2008) ("[a] reprehensible act with some form of scienter."). Instead the Ninth Circuit continues to consider CMT to be of two types: "those involving fraud and those involving grave acts of baseness or depravity.");Carty v. Ashcroft, 395 F.3d 1081, 1083 (9th Cir. 2005); Navarro-Lopez v. Gonzales, 503 F.3d 1063, 1074 (9th Cir. 2007) (en banc) (Reinhardt, J., concurring for the majority). The court stated: "we have noted that our understanding does not differ materially from the Boards." Marmalejo-Campos v. Holder, 558 F.3d 903 (9th Cir. Mar. 4, 2009), citing Galeana-Mendoza v. Gonzalez, 465 F.3d 1054, 1058 n. 9 (9th Cir. 2006). Arguably, if the BIAs "understanding" of what is a CMT begins to diverge from that of the Ninth Circuit, counsel may argue that the BIA is owed no deference where the two CMT definitions differ.