· 1/9/2013
Javier Castrijon-Garcia v. Eric Holder, Jr.
Citations
- 704 F.3d 1205
- 2013 WL 85971
- 2013 U.S. App. LEXIS 523
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that State assessments of a crimes’ moral turpitude are “not of great weight” (citation omitted)
- holding that State assessments of a crimes’ moral turpitude are “not of great weight” (citation omitted)
- concluding that simple kidnapping, California Penal Code § 207(a), does not categorically match the generic definition of a CIMT because it does not require the intent to cause injury or actual injury within its elements
- concluding simple kidnapping under California law is not categorically a crime of moral turpitude and remanding to the BIA for application of the modified categorical approach in the first instance
- concluding simple kidnapping under California law is not categorically a crime of moral turpitude and remanding to the BIA for application of the modified categorical approach in the first instance
- declining to defer to the BIA’s decision under Skidmore where the decision contained “no analysis at all” and “little reasoning”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reinhardt, Clifton, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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