United States Ninth Circuit

In a petition for review of a decision of the Board of Immigration Appeals (BIA) dismissing petitioner's appeal from an immigration judge’s decision finding that his conviction for resisting an executive officer in violation of section 69 of the California Penal Code is a categorical crime of violence, rendering him removable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (INA), 8 U.S.C. section 1227(a)(2)(A)(iii), as an alien convicted of an aggravated felony, the petition is granted where: 1) there is reason to believe that the record of petitioner's conviction that is now before the court is incomplete; and 2) considering the abrogation of Navarro-Lopez and the elimination of the missing element rule to be significant intervening changes in the controlling law, weigh in favor of remanding the matter to the BIA.

Appellate Information

• Decided 07/09/2012
• Published 07/09/2012

Judges

Court

• United States Ninth Circuit

Counsel