Case o' The Week: A brace of categorical wins — Menendez and CPC 288(c)(1) offenses

The Honorable Judge William Fletcher  Taylor-ed to a T.Menendez v. Whitaker, 2018 WL 5832974 (9thCir. Nov. 8, 2018), decision available here.Players:  Decision by Judge W. Fletcher. Concurrence by Judge Callahan, joined by Judge Owens.  Facts: The Ninth considered two petitions for review of decisions of the Board of Immigration Appeals (BIA). Id.at *2. In both cases, the petitioners were aliens potentially subject to removal. The BIA found that the men had either a crime of moral turpitude, or a crime involving child abuse, because they had been convicted of California Penal Code Sec. 288(c)(1). Id.Section 288(c)(1) prohibits the commission of a “lewd or lascivious act” when the victim is a child of 14 or 15 years old, and the defendant is at least 10 years older than the child. Id. Issue(s): Is California Penal Code Section 288(c)(1) either a “crime of moral turpitude” under 8 USC § 1182(a)(2)(A)(i)(I), or a crime…

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