In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that resisting arrest under Cal. Penal Code 69 is not a categorical crime involving moral turpitude and that the statute is not divisible under Descamps v. United States, 133 S.Ct. 2276 (2013), because neither the threat of use of deadly force nor injury to the victim is an element of the offense. The decision was written by Member Roger Pauley and joined by Member Anne Greer. Member Garry Malphrus dissented without opinion.