In a petition for review of the BIA's order removing petitioner from the U.S. based on his commission of a crime of moral turpitude, the petition is granted where indecent exposure under section 314 of the California Penal Code is not categorically a crime of moral turpitude.
Argued and Submitted April 19, 2007
Filed February 10, 2010
Opinion by Judge Reinhardt
Dissent by Judge Bybee
Cheryl Franke, San Mateo, CA
Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security
Eric Warren Marsteller and Jocelyn Lopez Wright, Office of Immigration Litigation, Department of Justice, Washington, DC