unpubl. 9th Cir. opinion: BIA has no expertise and owed no deference on Descamps

In this unpubl. 9th Cir. opinion the Court refuses to remand to allow BIA to determine if Descamps applies and whether statute is indivisible because BIA has no expertise in this area and owed no deference. OIL has been urging the 9th to remand these cases. The 9th says "No way."

Court also says that Cal. Pen. Code 288a(b)(1), oral copulation with a minor, is not a crime of moral turpitude since there is no scienter requirement or age gap required and minor could be any person under 18.