Barrera-Lima v. Sessions

The Ninth Circuit granted a petition for review of the BIA's decision finding petitioner ineligible for cancellation of removal and voluntary departure. The panel held that petitioner's convictions for indecent exposure under Wash. Rev. Code 9A.88.010(1) and under Wash. Rev. Code 9A.88.010(2)(b) are not categorically crimes involving moral turpitude. Furthermore, both statutes were indivisible and thus the modified categorical approach was inapplicable. In the absence of a conviction for a crime involving moral turpitude, petitioner was eligible to apply for cancellation of removal and voluntary departure. The panel remanded for the BIA to consider anew petitioner's request for cancellation of removal and voluntary departure. View "Barrera-Lima v. Sessions" on Justia Law