United States Sixth Circuit

An Iraqi petitioner's request for review of BIA's denial of his application for asylum and related relief is vacated and remanded as the immigration judge never made a finding of fact regarding the length of time that petitioner actually served in prison for his assault conviction, and should he be found to have served less than one year in prison, he should be held not to be an aggravated felon and therefore not removable.

Appellate Information

• Decided 11/09/2009
• Published 11/09/2009

Judges

• Before:  MARTIN, COLE, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John W. Blakeley, United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  Mark Jacob Thomas, Mark Jacob Thomas & Associates, Chicago, Illinois, for Petitioner.  John W. Blakeley, United States Department of Justice, Washington, D.C., for Respondent.