United States Ninth Circuit

In a petition for review of the Board of Immigration Appeals (BIA)'s determination that petitioner was removable because he had been convicted of an aggravated felony and two crimes of moral turpitude, the petition is granted where: 1) the BIA's determination was not entitled to Chevron deference, because the BIA did not issue or rely on a precedential decision; and 2) although petitioner admitted both prior misdemeanor convictions, there was no record evidence of the factual allegations underlying his second conviction.

Appellate Information

• Decided 11/05/2010
• Published 11/05/2010

Judges

• Consuelo M. Callahan

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael K. Mehr, Tony West