Pedro Jose Hernandez-Cruz v. Eric H. Holder Jr.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant’s conviction for burglary was not a “crime of moral turpitude” where the elements of the charged offense did not involve the burglary of a residence
• concluding that the offense of entering a commercial building with the intent to commit any felony was not a categorical crime involving moral turpitude because it did not involve a “dwelling” or require the entry to be unlawful
• holding that burglary not involving a residence is not a CIMT
• noting that we cannot “supply a reasoned basis for the agency’s action that the agency itself has not given”
• noting that we cannot “supply a reasoned basis for the agency’s action that the agency itself has not given”
• second-degree commercial burglary under California law is not a CIMT where the elements of the crime do not, on their face, require a theft

Source: CourtListener parenthetical corpus (CC0).