152024P.pdf   04/22/2016  Gerardo Perez Alonzo  v.  Loretta E. Lynch
   U.S. Court of Appeals Case No:  15-2024
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Smith, Author, with Bye and Benton, Circuit Judges] 
   Petition for Review - Immigration. All four of petitioner's convictions 
   under Iowa Code Section 708.2A, including his third and fourth convictions 
   under Section 708.2A(4)'s recidivist provision, are dependent on the 
   definition of assault in Section 708.1(2); because that section is 
   divisible into turpitudinous and non-turpitudinous acts, petitioner's 
   domestic abuse convictions do not categorically constitute crimes 
   involving moral turpitude, and the BIA erred in declining to review 
   petitioner's record of convictions, under the modified categorical 
   approach, to determine whether he has been convicted under a subsection 
   that describes a crime involving moral turpitude; the matter must, 
   therefore, be remanded to the BIA to permit it to consider the issue in 
   the first instance.