Rohit

MEMORANDUM *

Avinesh Anand Rohit (“Rohit”), a native and citizen of Fiji, petitions for review of the Board of Immigration Appeal’s dismissal of his appeal from the Immigration Judge’s order of removal. Rohit contends his two convictions under the California Penal Code (“CPC”) do not constitute crimes involving moral turpitude, and the Board erred in finding him removable under 8 U.S.C. § 1227 (a)(2)(A)(ii). He also seeks asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and voluntary departure. We grant in part and deny in part the petition for review.

I

The IJ concluded that Rohit’s convictions under CPC §§ 647(b) and 136.1(c) constitute categorical crimes involving moral turpitude. In his brief on appeal to the BIA, Rohit argued that the IJ incorrectly applied the categorical approach in its analysis of both statutes. The BIA affirmed the IJ’s conclusion with respect to § 136.1(c), but did not affirm or even address the IJ’s conclusion with respect to § 647(b).

In order to find Rohit removable as charged under 8 U.S.C. § 1227 (a)(2)(A)(ii), the BIA must conclude that Rohit has been convicted of two crimes involving moral turpitude. Thus,…