TURIJAN v. HOLDER

No. 10-72027.

744 F.3d 617 (2014)

Rodrigo Montiel TURIJAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2014.


Attorney(s) appearing for the Case

Andres Z. Bustamante , Law Offices of Andres Z. Bustamante, Los Angeles, CA, for Petitioner.

ICE , Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, Gregory Michael Kelch , OIL, DOJ-U.S. Department of Justice, Washington, DC, for Respondent.

Keli M. Reynolds (argued), Olmos & Reynolds Law Group, LLP, Los Angeles, CA; Andres Z. Bustamante , Law Offices of Andres Z. Bustamante, Los Angeles, CA, for Petitioner.

Jesse L. Busen (argued) and Gregory M. Kelch , Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before: BARRY G. SILVERMAN and ANDREW D. HURWITZ, Circuit Judges, and C. ROGER VINSON, Senior District Judge.


OPINION

VINSON, Senior District Judge:

Rodrigo Montiel Turijan petitions for review of a final decision of the Board of Immigration Appeals ("BIA"). The issue on appeal is whether felony false imprisonment under California Penal Code ("CPC") §§ 236 and 237 is a categorical crime involving moral turpitude ("CIMT") for purposes of the Immigration and Nationality Act ("INA"). As this court has recognized, non-fraudulent crimes of moral turpitude ...

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