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CA9 (2-1) on CIMT, J-G-P-: Flores-Vasquez v. Garland

August 31, 2023 (1 min read)

Flores-Vasquez v. Garland

"Jose Luis Flores-Vasquez (“Flores-Vasquez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal. He argues that the BIA erred in finding that his prior menacing conviction under Oregon Revised Statute § 163.190 constitutes a crime involving moral turpitude (“CIMT”), rendering him ineligible for cancellation of removal. We agree and grant this portion of the petition. ... Here, ... Matter of J-G-P- does not purport to reassess longstanding BIA and Ninth Circuit precedent concerning simple assault offenses, and because it misapplied that precedent, its conclusion is unreasonable. See id. PETITION FOR REVIEW GRANTED; REMANDED."

[Hats off to Jonathan C. Gonzales!]

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