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YIM v. BARR (2020)

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United States Court of Appeals, Ninth Circuit.

Ho Sang YIM, aka Alez Suk Peter Yim Yoon, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 17-70624

Decided: August 25, 2020

Before: CALLAHAN and IKUTA, Circuit Judges, and BENCIVENGO,* District Judge. Robert G. Berke, Esquire, Attorney, Berke Law Offices, Inc., Canoga Park, CA, for Petitioner Jessica Dawgert, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent


Ho Sang Yim petitions for review of the Board of Immigration Appeals order of removal. In a concurrently filed opinion, we hold that perjury under section 118(a) of the California Penal Code is an “offense relating to ․ perjury” and is thus an “aggravated felony.” 8 U.S.C. § 1101(a)(43)(S). Yim was convicted under section 118(a), and we therefore lack jurisdiction over his petition for review. See 8 U.S.C. § 1252(a)(2)(C).


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