United States Tenth Circuit

Plaintiff successfully challenges a removal order on the ground that the Board of Immigration Appeals erroneously relied on his state felony conviction for attempted theft to invoke section 1227(a)(2)(A)(iii), when that conviction had been reduced to a misdemeanor by the state trial court.

Appellate Information

• Decided 02/03/2005
• Published 02/03/2005

Judges

• McKAY, Circuit Judge., Before LUCERO, McKAY, and PORFILIO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Hakeem Ishola of Ishola & Associates, P.C., Salt Lake City, UT, for Petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, James A. Hunolt, Senior Litigation Counsel, and Song E. Park, Attorney, Civil Division, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for Respondents.