United States Ninth Circuit

A petition for review of an order of removal is granted in part and remanded for further proceedings where: 1) neither of petitioner's two Arizona misdemeanor domestic violence/assault convictions constituted a crime involving moral turpitude for purposes of removal; 2) a remand is ordered to determine whether petitioner's sentence was unlawful on its face, and thus could not support a charge of removability as an aggravated felon; and 3) petitioner is held to be eligible for INA section 212(c) waiver of inadmissibility relief.

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

• REINHARDT, Circuit Judge., Before STEPHEN REINHARDT, JOHN T. NOONAN, and FERDINAND F. FERNANDEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Erica K. Rocush, Tucson, AR, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General;  David V. Bernal, Assistant Director;  and S. Nicole Nardone, Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.