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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.