Ninth Circuit

CRIME OF MORAL TURPITUDE - THREATS - SIMPLE ASSAULT IS NOT CRIME OF MORAL TURPITUDE WHERE IT CAN BE COMMITTED BY MERE THREATS WITHOUT INJURY
Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) (Arizona conviction in 2003 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 the offense can be committed by "threats that cause no injury at all"), distinguishing Grageda v. INS, 12 F.3d 919 (9th Cir. Dec. 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).