Cervantes v. Holder, ___ F.3d ___, ___, 2014 WL 6463031 (9th Cir. Nov. 19, 2014) (California conviction for corporal injury of a spouse, in violation of Penal Code 273.5(a) [[a]ny person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony.], is not categorically a crime of moral turpitude: Our precedents make clear that although 273.5(a) is not categorically a CIMT, it is a divisible statute for which a conviction under one portion of the statute (corporal injury against a spouse) will qualify as a CIMT, while conviction under other subsections (for example, corporal injury against a cohabitant) will not.); compare Grageda v. INS, 12 F.3d 919, 922 (9th Cir. 1993) (holding that spousal abuse under section 273.5(a) is a crime of moral turpitude (emphasis added)), with Morales"Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009) (holding that corporal injury against a cohabitant under 273.5(a) is not a crime involving moral turpitude).

 

TRANSLATE