Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 6.5 A. A Legally Invalid Conviction Cannot Trigger Immigration Consequences

 
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HABEAS CORPUS " FAILURE SAFE HAVEN " CRIME OF MORAL TURPITUDE " CALIFORNIA EMBEZZLEMENT CONVICTION IS NOT CATEGORICALLY A CRIME OF MORAL TURPITUDE SINCE MINIMUM CONDUCT INCLUDES BORROWING WITH INTENT TO RETURN, EVEN WITHOUT ANY INTENT TO PERMANENTLY DEPRIVE THE OWNER OF THE PROPERTY
People v. Casas (May 25, 2010) 184 Cal.App.4th 1242, 109 Cal.Rptr.3d (embezzlement conviction affirmed since defendants taking of the trade-in vehicle and the $400 down payment, for his own personal use, was significant in duration and incompatible with the owner's enjoyment or use of the property, even though he intended later to return the vehicle and the money).

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SAFE HAVEN " CRIME OF MORAL TURPITUDE " CALIFORNIA EMBEZZLEMENT CONVICTION IS NOT CATEGORICALLY A CRIME OF MORAL TURPITUDE SINCE MINIMUM CONDUCT INCLUDES BORROWING WITH INTENT TO RETURN, EVEN WITHOUT ANY INTENT TO PERMANENTLY DEPRIVE THE OWNER OF THE PROPERTY
People v. Casas (May 25, 2010) 184 Cal.App.4th 1242, 109 Cal.Rptr.3d (embezzlement conviction affirmed since defendants taking of the trade-in vehicle and the $400 down payment, for his own personal use, was significant in duration and incompatible with the owner's enjoyment or use of the property, even though he intended later to return the vehicle and the money).

 

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