BIA properly treated alien’s conviction of misdemeanor sexual battery under California Penal Code Sec. 243.4(e) as involving moral turpitude, where case law interpreting the statute established that it would not be applied to conduct not meeting the generic definition of moral turpitude under federal law, and the crime necessarily involves harm to the victim.
Gonzalez-Cervantes v. Holder - filed March 8, 2013
Cite as 10-72781
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