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Conejo-Bravo v. Sessions

United States Court of Appeals, Ninth Circuit

November 17, 2017

Leonardo Conejo-Bravo, Petitioner,
v.
Jefferson B. Sessions III, Attorney General, Respondent.

          Submitted November 9, 2017 [*] Pasadena, California

         On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A095-685-819

          David W. Williams, Santa Ana, California, for Petitioner.

          Tim Ramnitz, Attorney; Jennifer P. Levings, Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

          Before: Harry Pregerson, Jacqueline H. Nguyen, and John B. Owens, Circuit Judges.

         SUMMARY [**]

         Immigration

         The panel denied Leonardo Conejo-Bravo's petition for review of the Board of Immigration Appeals' decision that his felony hit and run conviction under California Vehicle Code § 20001(a) was a crime involving moral turpitude that rendered him ineligible for cancellation of removal.

         The panel reaffirmed that California Vehicle Code § 20001(a) is divisible into several crimes some of which may involve moral turpitude and some of which may not. Applying the modified categorical approach, the panel noted that Conejo-Bravo admitted in his plea agreement that he was involved in a car accident that led to injury. The panel therefore concluded that the elements of his conviction made out a felony conviction for traditional hit and run causing injuries that qualifies as a crime involving moral turpitude under current controlling precedent.

          OPINION

          OWENS, CIRCUIT JUDGE

         Petitioner Leonardo Conejo-Bravo ("Petitioner") seeks review of the Board of Immigration Appeals' ("BIA") decision that his felony hit and run conviction under California Vehicle Code section 20001(a) was a crime involving moral turpitude ("CIMT") that rendered him ineligible for cancellation of removal under § 240A(b)(1) of the Immigration and Nationality Act ("INA"). We have jurisdiction under 8 U.S.C. § 1252(a)(1). Applying current "modified categorical approach" precedent, we conclude that the conviction at issue qualifies as a CIMT, and deny the petition.

         I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

         Petitioner, a Mexican national, entered the United States without inspection in 1995. He is married with three United States citizen children.

         A. ...


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