United States Ninth Circuit

Petition for review of a Board of Immigration Appeals' (BIA) decision finding petitioner removable for his California state conviction of an aggravated felony, controlled substance offense, and firearm offense is granted, where: 1) because the amended complaint and the abstract of judgment did not provide clear and convincing evidence regarding what petitioner pleaded guilty to, the government failed to establish that his conviction was an aggravated felony or controlled substance offense under the Immigration and Nationality Act; 2) California Penal Code section 12001(b), which defined "firearm" at the time of petitioner's conviction, was overbroad and indivisible, and so the modified categorical approach could not be applied; and 3) the government was precluded from relitigating the issues of whether petitioner was removable for his controlled substance conviction.

Appellate Information

• Decided 10/10/2014
• Published 10/10/2014

Judges

• Hawkins

Court

• United States Ninth Circuit

Counsel