Morales-Garcia

Moisés Eduardo Morales-Garda (“Morales”) petitions for review of a final order of removal based on the Immigration Judge’s (“IJ”) and Board of Immigration Appeals’ (“BIA”) determination that his conviction under California Penal Code § 273.5(a) is categorically a crime involving moral turpitude (“CIMT”), precluding cancellation of removal under § 240A(b) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1229b(b). We have jurisdiction under 8 U.S.C. § 1252 (a)(1) (providing for judicial review of a final order of removal) and 8 U.S.C. § 1252 (a)(2)(D) (providing for judicial review of constitutional and legal questions raised by individuals found removable based on criminal activity). See Galeana-Mendoza v. Gonzales, 465 F.3d 1054,1056-57 (9th Cir.2006). Because we hold that § 273.5(a) is not categorically a CIMT, we grant the petition for review and remand the case to the BIA for further proceedings.

BACKGROUND

Morales, a native and citizen of Mexico, entered the United States without inspection near San Ysidro, California, in September, 1986. In 2006, the Department of Homeland Security (“DHS”) served a Notice to Appear (“NTA”) on Morales, alleging that he was subject…