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CA9 on Aggravated Felony: Aguilar-Turcios v. Holder

"In this petition for review of a decision by the Board of Immigration Appeals (BIA or Board), we address whether Petitioner Rigoberto Aguilar-Turcios’ conviction under Article 92 of the Uniform Code of Military Justice (UCMJ) qualifies as an “aggravated felony” under the modified...

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...

CA9 on Conspiracy; Nevada; Burglary; Aggravated Felony: U.S. v. Garcia-Santana

"The government appeals the dismissal of Xochitl Garcia-Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because Garcia was denied her right to seek discretionary...

CA9 on Cal. Theft Offense, Agg. Fel. - Lopez-Valencia v. Lynch

"Adhering to the methodology established by Descamps and our follow-on opinion in Rendon v. Holder, 764 F.3d 1077 (9th Cir. 2014), we conclude that a conviction under California’s theft statute is not an aggravated felony because it is not a “theft offense” as defined by 8 U.S...

CA9 on Aggravated Felony: Chavez-Solis v. Lynch

"We are asked to decide whether a conviction for possessing child pornography in violation of California Penal Code § 311.11(a) is an aggravated felony under 8 U.S.C. § 1101(a)(43)(I). We conclude that § 311.11(a) sweeps in a broader range of pornographic depictions than the federal...

CA9 on Crime of Violence, Agg. Fel. - Ramirez v. Lynch

Ramirez v. Lynch, Jan. 20, 2016 - "Our examination of the text of [California Penal Code] section 273a(a), the Shepard documents, and California case law reveals that the state need not prove that a defendant committed a violation of section 273a(a) under a particular prong; the four prongs are...