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Aggravated Felonies

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Ninth Circuit Reverses BIA on Commercial Burglary CIMT

Teaser: 

On July 8, 2011, the Ninth Circuit reversed the BIA holding that California Penal Code §459 commercial burglary is not a generic theft offense and thus not an aggravated felony.
 

In Hernandez-Cruz v. Holder, the Ninth Circuit found that California's commercial burglary statute did not fall within the "generic" attempted theft offense and therefore in this case could not be a crime of moral turpitude.

Related Subjects: 
Aggravated Felonies
 
 

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