CA9 on Aggravated Felony: Aguilar-Turcios II

CA9 on Aggravated Felony: Aguilar-Turcios II

"In this petition for review of a decision by the Board of Immigration Appeals (“BIA” or “Board”), we address whether Petitioner Rigoberto Aguilar-Turcios’s conviction under Article 92 of the Uniform Code of Military Justice (“UCMJ”) qualifies as an “aggravated felony” as defined in 8 U.S.C. § 1101(a)(43)(I).  For the reasons discussed below, we conclude that Aguilar-Turcios’s Article 92 conviction is not an aggravated felony.  We therefore grant the petition and remand this case to the BIA with instructions to vacate the removal order against him." - Aguilar-Turcios v. Holder, Jan. 23, 2014.

[Note footnote 6: "While Aguilar-Turcios’s appeal was pending before this court, and an order was in place staying his removal, the government mistakenly removed Aguilar-Turcios to Honduras.  Although his whereabouts were unknown as of the date of publication of our initial opinion in this case, his counsel has since been in contact with him via e-mail."]