Ashot Zhorahikovic Ovsepyan, A045 201 416 (BIA Feb. 17, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) found that that making criminal threats in violation of Cal. Penal Code 422 was not an aggravated felony because the provision is a “wobbler” statute and the trial court amended the charged from a felony to a misdemeanor. The Board remanded the record for determination of whether soliciting prostitution under Cal. Penal Code 647(b) is a crime involving moral turpitude. The decision was written by Member Lauri Filppu and joined by Member Patricia Cole and Member Roger Pauley.