Jaime Cortez v. Eric Holder, Jr.

MEMORANDUM

Jaime Ernesto Cortez petitions for review of the Board of Immigration Appeals’ final order of removal. We deny the petition for review.

1. Sexual battery in violation of California Penal Code § 243.4(a) is a crime involving moral turpitude that renders Cortez removable under 8 U.S.C. § 1227 (a)(2) (A) (i). See Gonzalez-Cervantes v. Holder, 709 F.3d 1265, 1267 (9th Cir.2013) (California Penal Code § 243.4(e) is a crime involving moral turpitude); People v. King, 183 Cal.App.4th 1281 , 108 Cal.Rptr.3d 333, 370 (2010) (“Misdemeanor sexual battery [§ 243.4(e) ] is a lesser included offense of sexual battery by restraint [§ 243.4(a) ].”).

2. Cortez’s conviction does not qualify for the petty offense exception to inadmissibility in 8 U.S.C. § 1182 (a)(2)(A)(ii)(II). California Penal Code § 243.4(a) permits a maximum possible sentence of greater than one year. Cortez was sentenced to 300 days’ imprisonment as a condition of probation. Cortez’s sentence was not reduced or vacated for immigration purposes. The California state court denied Cortez’s motion to reduce Cortez’s sentence to less than six months’ imprisonment. The state court’s reduction of Cortez’s conviction to a…