United States Ninth Circuit

A guilty plea conviction pursuant to a California "wobbler" statute, under which the offense may be treated as either a misdemeanor or a felony, did not result in a conviction of a crime for which the maximum penalty exceeds imprisonment for one year. Thus, BIA erred when it determined that he was ineligible for suspension of deportation.

Appellate Information

• Argued 06/03/2003
• Decided 06/26/2003
• Published 06/26/2003

Judges

• FERGUSON, Circuit Judge:, Before LAY,FERGUSON, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Matt Adams, Northwest Immigrant Rights Project, Granger, WA, for the petitioner.


• For Appellees:
  
• Kurt B. Larson (argued) and Ernesto H. Molina, Jr. (briefed), Office of Immigration Litigation, Washington, DC, for the respondent.