United States Ninth Circuit

Service in the US armed forces, along with the taking of the standard military oath, does not alter an alien's status to that of a "national" within the meaning of the INA; exhibiting a deadly weapon with intent to resist arrest, in violation of California Penal Code section 417.8, is a crime of violence and thus an "aggravated felony" under 8 U.S.C. section 1101(a)(43)(F). Petition to review the order of removal is dismissed.

Appellate Information

• Argued 03/08/2004
• Decided 04/08/2004
• Published 04/08/2004

Judges

• GRABER, Circuit Judge:, Before HALL and GRABER, Circuit Judges, and WEINER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Maria Janossy, Glendale, CA, for the petitioner.


• For Appellees:
  
• Ernesto H. Molina, Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for the respondent.