The Ninth Circuit has determined that a California conviction for shooting an inhabited dwelling is a crime involving moral turpitude. “California Penal Code section 246 requires an intentional shooting of a firearm, that is, the use of a deadly weapon, in circumstances that necessarily pose a significant risk of bodily harm to another. We hold that the BIA correctly concluded that section 246 categorically qualifies as a crime involving moral turpitude.”
In addition, the Court determined that whether evidence is “new” for the purposes of a motion to reopen is a legal question over which the federals court have jurisdiction to review. The Court similarly concluded that it had jurisdiction to review whether an applicant has established a prima facie case for relief.
The decision also contained a detailed analysis regarding the petitioner’s competency and eligibility for protection under the Convention Against Torture.
The full text of Lemus-Escobar v. Bondi can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2025/06/16/18-73423.pdf