Servin

MEMORANDUM *

Florentino Servin petitions for review of the Board of Immigration Appeals’ (BIA) denial of his motion to reconsider its decision summarily affirming the Immigration Judge’s (IJ) denial of his application for cancellation of removal. The IJ determined that Servin was statutorily ineligible for cancellation of removal because his conviction for domestic battery under California Penal Code section 243(e)(1) qualified as a “crime of domestic violence” under Immigration and Naturalization Act (INA) section 237(a)(2)(E)®, 8 U.S.C. § 1227 (a)(2)(E)®. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant Servin’s petition for review because his California domestic battery conviction is not a “crime of violence” and therefore is not a “crime of domestic violence” for purposes of INA section 237(a)(2)(E)®.

We may consider whether Servin’s conviction for domestic battery under California Penal Code section 243(e)(1) constitutes a “crime of violence” under INA section 237(a)(2)(E)© because the BIA’s denial of Servin’s motion to reconsider reached that legal question. A “motion to reconsider must identify a legal or factual error in the BIA’s prior decision.” Ma v.…