United States Ninth Circuit

Granted in part a petition for review of a decision ordering a noncitizen removed from the United States. The Honduras-born man insisted that he was not subject to removal because he ought to have become a U.S. citizen automatically through his U.S. citizen adoptive father, but the Ninth Circuit was not persuaded by his constitutional arguments. However, the panel agreed that he was entitled to a new hearing to address his request for cancellation of removal, on the ground that the Board of Immigration Appeals erred in ruling that Arizona third-degree escape is an aggravated felony for purposes of immigration law.

Appellate Information

• Published 2018/08/17

Judges

• Graber

Court

• United States Ninth Circuit

Counsel