Hernandez-Cruz v. Holder, ___ F.3d ___, ___ (9th Cir. Jul. 7, 2011) (California conviction of second-degree commercial burglary, in violation of Penal Code 459, did not constitute a crime of moral turpitude under the categorical or modified categorical analysis: To hold otherwise would mean that someone who did what Hernandez- Cruz admitted doing"walking into a commercial building with the intent to commit larceny"but then changed his mind and walked out without ever committing any crime, would be guilty of a CIMT.).
jurisdiction:
Ninth Circuit