Rodrigo Turijan v. Eric Holder, Jr.
744 F.3d 617
9th Cir.2014Background
- Montiel Turijan, a Mexican national, became a lawful permanent resident in 2000.
- He was charged in California with simple kidnapping under CPC § 207(a) and pled guilty to the lesser offense of felony false imprisonment under CPC § 236.
- He was sentenced to three years in state prison for the felony false imprisonment conviction.
- The government charged removability under INA § 237(a)(2)(A)(i) as a CIMT within five years of admission; later proceedings focused on CIMT status.
- The IJ initially ruled in Turijan’s favor, finding no CIMT due to California’s broad false imprisonment statute, but the BIA reversed.
- The Ninth Circuit held the offense is not a categorical CIMT and vacated the BIA’s final removal order, declining to remand for record development.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is California felony false imprisonment a CIMT categorically? | Turijan: not a CIMT under California law. | HOLDER: statute can be applied in a manner that constitutes CIMT. | Not a CIMT categorically. |
| May a modified categorical analysis be used given an undeveloped record? | Record insufficient for modified analysis to determine CIMT status. | Record undeveloped; remand not requested; modified analysis not possible here. | Modified categorical analysis not available; vacate BIA order without remand. |
Key Cases Cited
- Nunez v. Holder, 594 F.3d 1124 (9th Cir. 2010) (non-fraudulent CIMTs often require injury or protected class; assess moral turpitude)
- Castrijon-Garcia v. Holder, 704 F.3d 1205 (9th Cir. 2013) (simple kidnapping not a categorical CIMT; supports deprioritizing lesser offenses)
- Saavedra-Figueroa v. Holder, 625 F.3d 621 (9th Cir. 2010) (felony vs misdemeanor false imprisonment CIMT question; not resolved for felony at that time)
- People v. Islas, 147 Cal. Rptr. 3d 872 (Cal. Ct. App. 2012) (California false imprisonment by menace reaches non-generic conduct)
- People v. Wardell, Cal. Rptr. 3d 77 (Cal. Ct. App. 2008) (state false imprisonment cases applying menace beyond moral turpitude)
- Cornelio, 255 Cal. Rptr. 775 (Cal. Ct. App. 1989) (BIA relied on evidentiary context; non-binding for CIMT categorization)
- Fernandez v. People, 31 Cal. Rptr. 2d 677 (Cal. Ct. App. 1994) (defines elements of felony false imprisonment; violence and menace concepts)
- Burney, 212 P.3d 639 (Cal. 2009) (elements of kidnapping; comparison to false imprisonment)