Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) (Arizona conviction of class 2 misdemeanor domestic violence/assault, in violation of A.R.S. 13-1203(A), 13-3601, does not constitute a crime of moral turpitude, because offense can be committed by mere recklessness, i.e., conscious disregard of a substantial and unjustifiable risk, as defined by A.R.S. 13-105(c)), distinguishing Grageda v. INS, 12 F.3d 919 (9th Cir. December 28, 1993) (California conviction of corporal injury of spouse, in violation of Penal Code 273.5(a), constituted crime of moral turpitude, because the statute required intent to cause harm).
jurisdiction:
Ninth Circuit