United States Ninth Circuit

In a petition for review of the BIA's order dismissing petitioner's appeal from an Immigration Judge-s order finding him removable as an alien convicted of an aggravated felony, the petition is granted where petitioner was not convicted of an aggravated felony as his conviction for violating Article 92 of the Uniform Code of Military Justice did not categorically involve a depiction of a minor engaging in sexually explicit conduct.

Appellate Information

• Argued 12/07/2007
• Decided 09/29/2009
• Published 09/29/2009

Judges

• THOMAS G. NELSON, Circuit Judge:, Before THOMAS G. NELSON, RICHARD A. PAEZ and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David B. Landry, San Diego, CA, for the petitioner.


• For Appellees:
  
• Siu P. Wong and Greg D. Mack, Department of Justice, Washington, D.C., for the respondent.