9th Circuit Holds Cal. Pen. Code § 273.5 is not a crime of violence

On July 28, 2026, the Ninth Circuit ruled that Cal. Pen. Code § 273.5 (corporal injury to a spouse or cohabitant) is not a crime of violence. See United States v. Lopez, No. 24-3268,  __ F.4th __, 2026 WL 2165840 (9th Cir. 2026). The ruling involves a straight categorical analysis and not a divisibility question, so all § 273.5 convictions are overbroad relative to a federal crime of violence under 18 USC § 16(a).

The government has 45 days to petition for a rehearing, and may also seek certiorari review in the Supreme Court. 

The Immigrant Legal Resource Center recently published a practice alert summarizing Lopez and its implications for criminal defense attorneys, removal defense, and other changes to immigration consequences.