Safe Havens
§ 8.74 2. Domestic Violence
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Updates
Ninth Circuit
CRIME OF MORAL TURPITUDE - SIMPLE DOMESTIC ASSAULT
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 additional element of the domestic relationship is insufficient to convert a non-CMT simple assault conviction into a crime of moral turpitude).
CRIMES OF MORAL TURPITUDE - DOMESTIC BATTERY
Galeana-Mendoza v. Gonzales, 465 F.3d 1054, 2006 WL 2846379 (9th Cir. Oct. 6, 2006) (California convictions of simple battery on the mother of defendant's child, in violation of Penal Code 243(e)(1), were not categorically crimes of moral turpitude since the least touching was sufficient to violate the statute, and the domestic relationship, standing alone, was insufficient to establish moral turpitude).