Serrano-Castillo

Serrano-Castillo v. Mukasey

Good Law
263 F. App'x 625
United States Court of Appeals for the Ninth CircuitJanuary 16, 2008No. 04-75521California420 words

Opinion

lead Opinion

*626 MEMORANDUM ***

As both parties recognize, the critical issue in this case is whether Serrano-Castillo’s 1993 conviction for violating California Vehicle Code § 20002 was a crime involving moral turpitude. See 8 U.S.C. § 1182 (a)(2)(A)(i). The parties do not dispute that Serrano-Castillo committed one crime involving moral turpitude, namely, his violation of CahPenal Code § 472 (forgery or counterfeiting of an official seal). The parties also do not dispute that this forgery violation qualifies as a “petty offense” under 8 U.S.C. § 1182 (a)(2)(A)(ii) because the maximum penalty under § 472 is one year in prison and Serrano-Castillo’s sentence was only sixteen days in jail. Therefore, under the “petty offense” exception, Serrano-Castillo is eligible for cancellation of removal if and only if he did not commit a second crime involving moral turpitude. 1 Thus, the principal question is whether Serrano-Castillo’s conviction for violating Cal. Vehicle Code § 20002 qualifies as a crime involving moral turpitude. To answer this question we apply the analysis set out in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990).

In Cerezo v. Mukasey, 512 F.3d…

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