Noncitizen granted habeas corpus relief after challenging mandatory detention based on petty theft conviction
Yeni Mota Aparicio is an immigration detainee held at California City Detention Center who filed a petition for writ of habeas corpus challenging her detention. Respondents argued she was subject to mandatory detention under 8 U.S.C. § 1226(c)(1)(A) due to a 2014 petty theft conviction under California Penal Code § 484(a), claiming this made her inadmissible as having committed a crime involving moral turpitude (CIMT). However, the court found that Aparicio qualifies for the petty offense exception because she has only one CIMT conviction, the petty theft offense carries a maximum penalty of less than one year (6 months), and she was sentenced to 180 days or less. The court rejected respondents' argument that a separate simple battery conviction disqualified her from the exception, noting that simple battery is not categorically a CIMT. The court granted the petition for writ of habeas corpus and ordered respondents to provide Aparicio with a bond hearing before a neutral arbiter pursuant to 8 U.S.C. § 1226(a) within seven days, or release her if they fail to do so.






































