Cervantes v. Holder

Petitioner, a native and citizen of Mexico, sought review of a final order of removal where BIA found petitioner inadmissible under 8 U.S.C. 1182(a)(2)(A)(i)(I), and ineligible for an exception under section 1182(a)(2)(A)(ii), because he was convicted of two crimes involving moral turpitude (CIMTs). Petitioner was convicted of spousal abuse under California Penal Code 273.5(a) and threatening to commit a crime resulting in death or great bodily injury under California Penal Code 422. The court held that although the BIA correctly concluded that petitioner's conviction under section 422 is a CIMT, the BIA erred in concluding that petitioner was convicted of spousal abuse under section 273.5(a) by looking to evidence outside the record of conviction; the BIA's decision in In re Rotimi is entitled to deference; and the BIA correctly found petitioner ineligible for an extreme hardship waiver. Accordingly, the court granted the petition and remanded for further proceedings. View "Cervantes v. Holder" on Justia Law