SANUDO

Citations

• 23 I. & N. Dec. 968

Syllabus

SANUDO, 23 I&N Dec. 968 (BIA 2006) ID 3537 (PDF) (1) An alien's conviction for domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not qualify categorically as a conviction for a \crime involving moral turpitude\ within the meaning of section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii) (2000). (2) In removal proceedings arising within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, the offense of domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not presently qualify categorically as a \crime of violence\ under 18 U.S.C. § 16 (2000), such that it may be considered a \crime of domestic violence\ under section 237(a)(2)(E)(i) of the Act. Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006), followed.