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"The BIA erred when it concluded that Tapia-Cruz was convicted of an aggravated felony. Applying the modified categorical approach, the facts on which Tapia-Cruz’s Penal Code section 12021(a)(1) conviction necessarily rest do not satisfy both elements of the generic federal aggravated felony offense contained in 18 U.S.C. § 922(g)(1)." - Tapia-Cruz v. Holder, Dec. 26, 2012, unpub. [Hats off to Thalassa 'Tally' Kingsnorth and Patrick Hall!]
Thalassa Kingsnorth Esq.Pro Bono Program DirectorFlorence Immigrant & Refugee Rights Project
Telephone: 520-868-0191 ext. 113
California Bar No. 252260
Arizona Bar No. 330039