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CA9 on Descamps: Espinoza-Gonzalez v. Holder (Unpub.) - OIL Argues Descamps Inapplicable

"While Espinoza’s case was pending before this court, the Supreme Court reversed this circuit’s recent en banc holding addressing this issue, United States v. Aguila-Montes de Oca, 655 F.3d 915, 940 (9th Cir. 2011). See Descamps v. United States, 133 S. Ct. 2276, 2283 (2013). The Court...

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 Descamps, Divisibility: Rendon v. Holder

"In this case, we consider whether a statute written in the disjunctive is divisible in light of the Supreme Court’s decision in Descamps v. United States, 133 S. Ct. 2276 (2013). The statutory text at issue is a different portion of the same statute that the Supreme Court encountered in Descamps...