VC 20002 (a)

VC 20002 (a)

Offense

Hit and run (misd)

Aggravated Felony (AF)

Not AF.

Crime Involving Moral Turpitude (CIMT)

Divisible as CIMT. Advice to 200011See, e.g., Serrano-Castillo v. Mukasey, 263 Fed.Appx. 625 (9th Cir. 2008) (“Put simply, the rationale for our holding in Cerezo applies with equal force to § 20002. Violations of Cal. Vehicle Code § 20002 do not categorically involve moral turpitude”); [Redacted] AAO decision, 2010 WL 5805336 (Mar. 5, 2010) (“The AAO finds that the Ninth Circuit’s determination that Cal. Vehicle Code § 20001(a) is not categorically a crime involving moral turpitude applies with equal weight to a violation of Cal. Vehicle Code § 20002(a).”).

Other Removal Grounds

No other removal ground.

Advice and Comments

See VC 200012In finding that Veh C § 20002(a)(2) was not a CIMT, the Ninth Circuit reasoned, in an unpublished case, that § 20002(a)(2) could be violated by a person who, “after hitting a parked car, leaves his name and address in a conspicuous place on the parked vehicle but fails to report the incident to the local police department.” Serrano-Castillo v. Mukasey, 263 Fed.Appx. 625 (9th Cir. 2008).

Try for Veh C 16025 (infraction failure to exchange information)

2020-05-19T19:44:05+00:00Updated January 29th, 2020|