Gabriel Almanza-Arenas v. Eric Holder, Jr.

Petitioner Gabriel Almanza-Arenas (“Al-manza-Arenas”) petitions for review of a Board of Immigration Appeals’s (“BIA”) decision affirming a final order of removal. The BIA held that Almanza-Arenas was ineligible for cancellation of removal because he was convicted of a crime involving moral turpitude. Almanza-Arenas was convicted under California Vehicle Code § 10851(a), a statute that criminalizes both conduct that would constitute a crime of moral turpitude, and conduct that does not amount to a crime of moral turpitude. We hold that Almanza-Arenas’s California Vehicle Code § 10851(a) conviction was not for a crime of moral turpitude and does not render him ineligible for cancellation of removal. Thus, we grant Almanza-Are-nas’s petition and remand to the BIA for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

Almanza-Arenas is a native and citizen of Mexico. On September 12, 2000, Al-manza-Arenas pled nolo contendere under People v. West, 3 Cal.3d 595 , 91 Cal.Rptr. 385 , 477 P.2d 409 (1970), to a misdemean- or violation of California Vehicle Code § 10851(a). California Vehicle Code § 10851(a) punishes both automobile theft (which is a crime of moral…