Hernandez-Martinez v. Ashcroft, 329 F.3d 1117 (9th Cir. May 27, 2003)(Arizona conviction of aggravated driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or drugs in violation of Arizona Revised Statutes §§ 28-692(A)(1) and 28-697(A)(1), did not constitute crime of moral turpitude (CMT), since statute was divisible in forbidding CMT behavior, as well as non-CMT behavior, because one may be convicted under it for sitting in one's own car in one's own driveway with the key in the ignition and a bottle of beer in one's hand, and the record of conviction did not establish that the defendant was convicted of violating the CMT portion of the statute), overruling Matter of Lopez Meza, Int. Dec. 3423, 1999 WL 1223810 (BIA December 21, 1999) To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/circs/9th/0270048p.pdf