Half a Primer on Moral Turpitude Analysis

In Cerezo v. Mukasey, case no. 05-74688 (9th Cir. Jan. 14, 2008), the issue before the court is

whether a violation of California Vehicle Code § 20001(a) (leaving the scene of an accident resulting in bodily injury or death) is categorically a crime involving moral turpitude for purposes of 8 U.S.C. § 1227(a)(2)(A)(ii).

In concluding it is not, the court walks the reader through the standards for a “categorical approach” to analysis of the issue. When a court fails to find moral turpitude through the categorical approach, its next step is to examine the issue under the “modified categorical” approach. Unfortunately, the court has to cut its modified categorical analysis short because of the state of the record.

Hence, the case is only half a primer.