Javier Castrijon-Garcia v. Eric Holder, Jr.

Javier Castrijon-Garcia (“Castrijon”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”), holding that his conviction for simple kidnapping under California Penal Code (“CPC”) § 207(a) is categorically a crime involving moral turpitude under 8 U.S.C. § 1182 (a)(2)(A)(i)(I), making him statutorily ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(C). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(D) to determine whether a crime involves moral turpitude. See Nunez v. Holder, 594 F.3d 1124, 1129 (9th Cir.2010) (‘Whether a crime involves moral turpitude is a question of law that we have jurisdiction to review pursuant to 8 U.S.C. § 1252 (a)(2)(D).”). We grant the petition for review and remand to the BIA for further proceedings.

We have held that “non-fraudulent crimes of moral turpitude almost always involve an intent to harm someone, the actual infliction of harm upon someone, or an action that affects a protected class of victim.” Id. at 1131 . Simple kidnapping under CPC § 207(a) does not involve any of these elements. Moreover, California courts have applied the statute to conduct that is not morally turpitudinous.…