Velazquez

MEMORANDUM ***

Rogelio Alvarado Velazquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s order of removal based on Alvarado’s conviction under Cal. Veh.Code *525 § 10851(a) for unlawful taking or driving of a vehicle. We lack jurisdiction to consider challenges to removal orders brought by aliens removable for commission of a crime involving moral turpitude, see 8 U.S.C. § 1252 (a)(2)(C), but we retain jurisdiction to determine whether we have jurisdiction, see Aragon-Ayon v. INS, 206 F.3d 847, 849 (9th Cir.2000). We review de novo whether a state statutory crime necessarily involves moral turpitude, Carty v. Ashcroft, 395 F.3d 1081, 1083 (9th Cir. 2005), we conclude we have jurisdiction, and we grant the petition for review.

To determine whether Alvarado’s conviction constitutes a crime involving moral turpitude, we first look to the state statute under which Alvarado was convicted to determine whether it contains an element of fraud or involves “grave acts of baseness or depravity.” See Carty, 395 F.3d at 1083-84 . Because Cal. Veh.Code § 10851(a) is a divisible statute, criminalizing…