Navarro-Lopez v. Gonzales

TALLMAN, Circuit Judge, with whom Circuit Judges O’SCANNLAIN, RAWLINSON, CLIFTON, and BYBEE join,

dissenting:

We took this case en banc to clarify our jurisprudence regarding crimes of moral turpitude. The fractured decision we announce today only compounds the uncertainty attending this arcane subject of criminal opprobrium. Navarro-Lopez’s petition for review of his final order of removal should be denied because the crime of being an accessory after the fact in violation of California Penal Code section 32 is a crime involving moral turpitude under the categorical approach established in…