United States Ninth Circuit

On remand from the Supreme Court, petition for review of a BIA decision finding petitioner ineligible for cancellation of removal and voluntary departure, and ordering him deported, is granted where: 1) evading an officer in violation of California Vehicle Code section 2800.2(a), is not categorically a "crime of violence" under 8 U.S.C. section 1101(a)(43)(F); and 2) the evidence was insufficient to establish that petitioner pled guilty to a "theft offense" within the meaning of 8 U.S.C. section 1101(a)(43)(G). (Amended opinion)

Appellate Information

• Decided 06/10/2008
• Published 06/10/2008

Judges

• Before:  JAMES R. BROWNING, HARRY PREGERSON, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joel S. Feldman, Paul J. Zidlicky, and Melanie Jo Triebel, Sidley Austin LLP, Chicago, IL, for the petitioner.


• For Appellees:
  
• Jennifer Paisner, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, DC, for the respondent.