United States Ninth Circuit

The petition for review of the Board of Immigration Appeals' (BIA) decision finding that petitioner's conviction for violating Article 92 of the Uniform Code of Military Justice constituted an aggravated felony, is granted, where the Article 92 conviction for violating a Department of Defense Directive providing that official use of government computers does not include viewing pornography does not constitute a categorical aggravated felony, because one could violate the Directive without necessarily being guilty of all the elements of generic federal child pornography offenses.

Appellate Information

• Decided 01/23/2014
• Published 01/23/2014

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel