Misdemeanor False Imprisonment Not a Crime of Moral Turpitude

The Ninth Circuit Court of Appeals issued a decision November 5, 2010 that the court had jurisdiction to review of Board of Immigration Appeals' decision that alien was removable where BIA issued its ruling in 2005 based on alien's conviction for an aggravated felony and two crimes of moral turpitude, then granted reconsideration and affirmed its decision with respect to alien's crime of moral turpitude convictions, since the portions of the 2005 order pertaining to alien's moral turpitude convictions remained the final order of removal.

A conviction for misdemeanor false imprisonment in violation of California Penal Code Sec. 236 is not a categorical crime of moral turpitude since it does not require an intent to harm.  The court did not remand for further proceedings was not warranted since the record of conviction did not support a determination of removability and the government did not identify any new facts it would introduce on remand.  Saavedra-Figueroa v. Holder, 05-75210, November 5, 2010