Javier Castrijon-Garcia v. Eric Holder, Jr.
2013 U.S. App. LEXIS 523
| 9th Cir. | 2013Background
- Castrijon-Garcia is a Mexican native who entered the U.S. without inspection in 1989 and has resided in the U.S. with intermittent returns to Mexico.
- DHS charged him in 2007 with removability and he sought cancellation of removal under 8 U.S.C. §1229b(b).
- Convictions include 1992 attempted kidnapping under CPC §664/207(a) with suspended sentence and probation, and 2002/2005 license-related offenses.
- BIA initially held his CPC §207(a) conviction categorically a crime involving moral turpitude, rendering him ineligible for cancellation.
- The Ninth Circuit held CPC §207(a) is not categorically a CIMT and remanded for a modified categorical analysis; the court remanded to the BIA to apply the proper framework.
- The court granted the petition and remanded for determination under the modified categorical approach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CPC §207(a) is categorically a crime involving moral turpitude. | Castrijon contends simple kidnapping lacks the required moral turpitude elements. | The government argues for Chevron or Skidmore deference to the BIA’s conclusion. | Not categorically a CIMT; remand for modified categorical analysis. |
| Whether the BIA decision is entitled to Chevron/Skidmore deference. | BIA unpublished decision lacks controlling authority over CPC §207(a). | BIA decision persuasive under Chevron/Skidmore. | BIA decision not entitled to Chevron; Skidmore deference not warranted; remand for new analysis. |
| Appropriate framework for evaluating the conviction (categorical vs. modified categorical). | If not categorically CIMT, apply modified categorical to the record. | Standard deference would guide any determination. | Court applies modified categorical analysis on remand. |
| Whether the record shows the conviction falls within the generic definition of CIMT under the modified approach. | Record evidence indicates non-CIMT conduct; not inherently base or depraved. | Other authority suggests it could be CIMT under certain readings. | Not determined here; remand for BIA to perform modified categorical assessment. |
Key Cases Cited
- Nunez v. Holder, 594 F.3d 1124 (9th Cir. 2010) (jurisdiction to review CIMT determinations; two-step framework)
- Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. 2009) (en banc; standard for deference under Chevron/Skidmore)
- Uppal v. Holder, 605 F.3d 712 (9th Cir. 2010) (deferral framework; deference to BIA depending on published/unpublished status)
- Saavedra-Figueroa v. Holder, 625 F.3d 621 (9th Cir. 2010) (Skidmore analysis for deference; BIA reasoning)
- Robles-Urrea v. Holder, 678 F.3d 702 (9th Cir. 2012) (moral turpitude standard; evil intent emphasis)
- Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012) (CPC §207(a) as crime of violence; distinction from CIMT)