Saldivar v. Sessions, 877 F.3d 812 (9th Cir. Nov.

Lucio-Rayos v. Sessions, 875 F.3d 573 (10th Cir. Nov. 14, 2017) (conviction under Westminster, Colo., Municipal Code 6-3-1(A) did not categorically qualify as a crime involving moral turpitude because the statute was divisible, since one portion of the statute " demanding consideration for return of property " did not involve a permanent taking; because it was unclear from the record of conviction whether he committed a CIMT, he did not sustain his burden to prove eligibility for cancellation of removal).

NOTE: The court found that Matter of Diaz-Lizarraga, 26 I. & N. Dec.

United States v Martinez-Lopez, 864 F.3d 1034 (9th Cir 2017) (en banc) (several California controlled substances statutes, including Health and Safety Code 11352 and 11379, are divisible as to both the controlled substance and the different types of conduct, which means that an immigration authority can review the persons record of conviction to see which substance and conduct was the basis for the conviction).

NOTE: The majority found the substance involved an element rather than a means because a person arrested for simultaneous possession of two substances would be charged with two cri

Hernandez v. Sessions, 872 F.3d 976 (9th Cir. Oct. 2, 2017) (immigration officials must consider the financial ability of a foreign national to obtain a bond and alternative conditions of release).

(BIA reasonably concluded INA 212(h) cannot be used to waive CMT bar to applicants seeking relief under INA 240A(b)(2)(A), VAWA cancellation).

Matter of Vella, 27 I&N Dec.

Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017) (New York conviction of negligent homicide, in violation of New York Penal Law 125.10, is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have any awareness of the facts that make his or her conduct dangerous.).

Escobar v. Lynch, 846 F.3d 1019 (9th Cir 2017) (California conviction of witness dissuasion, in violation of Penal Code 136.1(b)(1) is not a crime of moral turpitude).

NOTE: The Courts analysis focused on the growing rift between the BIA and the Ninth Circuit (and older BIA case law) on defining crime of moral turpitude.)

Using Motion to Vacate Under Penal Code § 1473.7

on Immigration-Related Grounds of Invalidity

Using Motion to Vacate Under Penal Code § 1473.7

on Immigration-Related Grounds of Invalidity

November 7, 2016

Updated August 20, 2018

By Norton Tooby & Andrew J. Phillips