Ilangovan Govindarajan v. Loretta E. Lynch

MEMORANDUM

Petitioner Ilangovan Govindarajan petitions for review of the decision of the Board of Immigration Appeals that he is removable because his convictions for six counts of aggravated assault under Arizona Revised Statutes §§ 13-1203(A)(3) and 13-1204(A)(8)(e) were for crimes involving moral turpitude (“CIMTs”) under 8 U.S.C. § 1227 (a)(2)(A)(i)-(ii). Because Govindarajan’s convictions are not CIMTs, we grant the petition and remand.

The BIA concluded that Govindarajan’s convictions were not categorically CIMTs, and we agree. See Ceron v. Holder, 747 F.3d 773, 783 (9th Cir.2014) (en banc); Galeana-Mendoza v. Gonzales, 465 F.3d 1054, 1060-62 (9th Cir.2006). Applying the modified categorical approach, the BIA concluded that Govindarajan’s convictions qualified as CIMTs. A conviction under A.R.S. § 13-1203(A)(3) is not properly subject to review under the modified categorical approach, however, because that subsection of the statute is not divisible. See Rendon v. Holder, 764 F.3d 1077, 1084-88 (9th Cir.2014).

Arizona law indicates that the intent predicates in § 13-1203(A)(3) constitute only means of committing the crime of assault, not separate elements. Arizona courts…