Vinh Nguyen v. Eric Holder, Jr., 763 F.3d 1022

Nguyen, a Vietnamese national, petitions from a BIA removal order after an IJ found him inadmissible for two convictions.
Conviction 1: misuse of a passport to facilitate an act of international terrorism under 18 U.S.C. § 1544; he pled guilty in the Philippines and was sentenced to 14 months.
Conviction 2: inflicting corporal injury on spouse under California Penal Code § 273.5; BIA treated both as crimes involving moral turpitude.
BIA upheld the CIMT finding and denied CAT relief; Nguyen challenged both the admissibility and the CAT denial.
NI hearing included evidence of Nguyen’s GFVN (Government of Free Vietnam) activities and country conditions in Vietnam; the court remanded to grant CAT deferral relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Nguyen was convicted of a crime involving moral turpitude	Nguyen argues BIA misapplied CIMT standards	BIA correctly classified the § 1544 offense as CIMT	Yes; the conviction is a CIMT
Whether Nguyen is entitled to CAT protection	Record shows a real likelihood of torture in Vietnam	BIA found no substantial corroboration of awareness or likelihood of torture	Yes; CAT relief granted (remand for deferral)

Robles-Urrea v. Holder, 679 F.3d 702 (9th Cir. 2012) (definition and scope of moral turpitude)
Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. 2009) (en banc standard for CIMT determination)
Castrijon-Garcia v. Holder, 704 F.3d 1205 (9th Cir. 2013) (two-step inquiry for CIMT; element-definition)
United States v. Vidal, 504 F.3d 1072 (9th Cir. 2007) (treatment of intent as an element under § 1544)
Nunez v. Holder, 594 F.3d 1124 (9th Cir. 2010) (intent to harm or target a protected class in CIMT analysis)
Kamalthas v. INS, 251 F.3d 1279 (9th Cir. 2001) (country conditions evidence in CAT)