United States Ninth Circuit

The petition for review from the Board of Immigration Appeals' decision finding petitioner's conviction for illegally conducting an enterprise constituted a racketeering aggravated felony, is dismissed for lack of jurisdiction, where: 1) the modified categorical approach applies because the definition of racketeering under the applicable Arizona law is divisible; and 2) the indictment, plea agreement, and sentencing order provided clear and convincing evidence that petitioner was convicted of a racketeering aggravated felony under 8 U.S.C. section 1101(a)(43)(J), and thus, he was ineligible for cancellation of removal.

Appellate Information

• Decided 11/20/2013
• Published 11/20/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel