CISNEROS-PEREZ v. GONZALES
The Ninth Circuit Court of Appeals today released an opinion in CISNEROS-PEREZ v. GONZALES, No. 04-71717, a federal appeal. The panel consisted of David R. Thompson, Marsha S. Berzon, and Consuelo M. Callahan, Circuit Judges.
BERZON, Circuit Judge:
Pedro Luis Cisneros-Perez, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming a decision of an Immigration Judge (IJ) finding that he was ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1). The IJ determined, under the “modified” categorical approach, that Cisneros-Perez’s 2001 conviction for battery under California Penal Code section 242 was a “crime of domestic violence” within the meaning of 8 U.S.C. § 1227(a)(2)(E)(i) and that he was therefore ineligible for cancellation of removal under § 1229b(b)(1)(C). We hold that there is insufficient documentation to establish that Cisneros-Perez’s prior conviction necessarily was a crime of domestic violence. We therefore grant his petition for review and remand to the agency for further proceedings. I. Background Cisneros-Perez entered the United States without inspec. . .
CALLAHAN, Circuit Judge, dissenting:
I agree with the majority that this case does not concern whether Cisneros-Perez’s conviction was a crime of moral turpitude, and that he has waived the argument that battery is not a crime of violence. I also agree with my colleagues that in order to determine whether Cisneros-Perez’s prior conviction constitutes a crime of domestic violence we use the categorical and modified categorical approach set forth in Taylor . . .