Ninth Circuit Finds Oregon Conviction for First Degree Criminal Mistreatment is CIMT and Oregon Conviction for Unlawful Possession of Weapon is Firearms Offense

The Ninth Circuit has determined that an Oregon conviction for first degree criminal mistreatment is a crime involving moral turpitude because it requires knowingly depriving a dependent of basic care.

The Court also found that an Oregon conviction for unlawful possession of a weapon is overbroad as compared to a deportable firearms offense because the statute criminalizes possession of antique firearms. However, the statute is divisible between various subsections, some of which do not involve antique firearms. These subsections match the definition of a deportabel firearms offense.

The Court also overruled its prior precedent that a grant of SIJS constitutes an admission for cancellation of removal purposes.

The full text of Murillo-Chavez v. Bondi can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2025/02/13/21-1422.pdf

Second Circuit Remands Gender Violence Asylum Case

The Second Circuit has remanded an asylum claim for a Honduran woman who had been the victim of family violence. “The agency reasonably relied in part on Castellanos-Ventura’s failure to report. But it failed to consider whether it would have been ‘futile or dangerous for an abused child,’ as Castellanos-Ventura was during much of her abuse, ‘to seek protection from the authorities.’”

The full text of Castellanos-Ventura v. Garland can be found here:

https://ww3.ca2.uscourts.gov/decisions/isysquery/ac1b6a99-f14d-423b-a6e6-c89990596c3c/4/doc/21-6293_opn.pdf

Ninth Circuit Finds that CA Conviction for Corporal Injury of a Child is a Crime of Violence

The Ninth Circuit has determined that a California conviction for inflicting corporal injury on a child is a crime of violence because the statute requires proof that the punishment or injury inflicted on the child resulted in a traumatic condition.

The full text of Olea-Serefina v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/05/19/20-72231.pdf

Ninth Circuit Finds that CA Child Endangerment Conviction is not a Crime of Child Abuse

The Ninth Circuit has determined that a California conviction for child endangerment in violation of Penal Code 273A(a) is not a crime of child abuse.

The full text of Diaz-Rodriguez v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/09/10/13-73719.pdf

Ninth Circuit Interprets California Felony Child Abuse Statute

The Ninth Circuit determined that section 273a(a) of the California Penal Code is an indivisible statute; that is, a jury need not decide if a defendant engaged in intentional conduct (injurying a child) or negligent conduct (permitting a child's safety to be placed in danger).  Because negligent conduct is insufficient to qualify as a crime of violence, a conviction under this subsection is not a crime of violence aggravated felony.

The full text of Ramirez v. Lynch can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/20/08-72896.pdf