Juan Hernandez-Gonzalez v. Eric Holder, Jr.

Does a conviction for a felony “for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members” constitute a crime involving moral turpitude? We hold that the answer is no.

I

Juan Carlos Hernandez-Gonzalez is a native and citizen of Mexico who entered the United States without inspection in 1989 around the age of three. On November 5, 2003, he adjusted his status to lawful permanent resident. He is married to a United States citizen and has one United States citizen daughter. He has two separate state criminal convictions. First, on June 25, 2007, he was convicted of a violation of California Penal Code § 1320(b) for failing to appear to answer a charge for the transportation of a controlled substance. .Second, on January 24, 2008, he pleaded nolo contendere to a violation of California Penal Code § 12020(a)(1) for possession of a billy club. He also admitted to an enhancement for that crime under California Penal Code § 186.22(b)(1), which provides an additional penalty, here, an additional two-year sentence, for “any person who is convicted of a…