In a widely circulated published decision, the Ninth Circuit Court of Appeals held that indecent exposure in California, Cal. Penal Code § 314, is not categorically a crime involving moral turpitude. Ocegueda-Nuñez v. Holder, No. 06-70219, slip op. (Feb. 10, 2010) (Reinhardt, Bybee, and Smith).
Board member Malphrus wrote the panel’s decision. This case involved an LPR convicted of indecent exposure in California, Cal. Penal Code § 314(1), on several occasions. DHS claimed that Cortes Medina was removable because he was convicted of multiple crimes involving moral turpitude.