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Gursharan Singh Pannu v. Eric H. Holder Jr

May 11, 2011

GURSHARAN SINGH PANNU, PETITIONER,
v.
ERIC H. HOLDER JR., ATTORNEY GENERAL,
RESPONDENT.



On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A042-385-535

The opinion of the court was delivered by: Hawkins, Senior Circuit Judge:

FOR PUBLICATION

OPINION

Argued and Submitted April 14, 2011-Pasadena, California

Before: Stephen Reinhardt, Michael Daly Hawkins, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Hawkins

OPINION

Gursharan Singh Pannu ("Pannu"), a native of India admitted to the United States in 1990 as a lawful permanent resident ("LPR"), petitions for review of a decision by the Board of Immigration Appeals ("BIA"), affirming the immigration judge's ("IJ") determination that he is removable for having been convicted of two or more crimes involving moral turpitude ("CIMT"), one being his failure to register as a sex offender as required by California law. Because of several significant legal developments since the BIA issued its decision in 2007, we remand for the BIA to consider their impact on this case in the first instance. See INS v. Ventura, 537 U.S. 12, 16 (2002) (per curiam).

FACTS AND PROCEDURAL HISTORY

Pannu came to the United States in 1990 as a LPR. In 1994, he was convicted under California Penal Code § 314.1 of misdemeanor indecent exposure. Later that same year, he was convicted a second time for indecent exposure. The second conviction was classified as a felony, requiring Pannu to register as a sex offender.

In 2001, Pannu was convicted of misdemeanor theft under California Penal Code § 484(a). In 2002, he was convicted under California Penal Code § 290(g)(1) for the misdemeanor of failing to register as a sex offender.

Pannu was issued a Notice to Appear in January 2004, charging him with removability for convictions of two or more crimes involving moral turpitude, and for conviction of an aggravated felony (this basis for removal was later withdrawn). Pannu conceded the fact of his four convictions and conceded that his theft conviction qualified as a CIMT. He denied that the remaining convictions constituted CIMTs, and also sought relief from inadmissibility.

In August 2004, an IJ pretermitted his applications for relief and ordered him removed for having been convicted of two or more CIMTs. 8 U.S.C. § 1227(a)(2)(A)(ii). Pannu appealed; the BIA held that Pannu's convictions for indecent exposure were categorically*fn1 CIMTs.

Pannu then petitioned this court for review. In the prior appeal, we determined that the indecent exposure convictions were not categorically CIMTs, and remanded for the BIA to either apply the modified categorical analysis or determine whether the failure to register conviction constituted a ...


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