Corpuz v. Holder Jr., No. 09-70181 (9th Cir. 2012)
Annotate this CasePetitioner, a Philippine citizen, petitioned for review of a BIA decision declaring him ineligible for relief under former section 212(c) of the Immigration and Nationality Act (INA), 8 U.S.C. 212(c), on the ground that he had served a "term of imprisonment" of over five years for conviction of an aggravated felony. Petitioner contended that the BIA improperly included in his "term of imprisonment" the entire period that he spent in psychiatric pre-trial civil confinement pending a determination of his competence to stand trial. Because the court could not confidently approximate how much time petitioner would have actually served in prison had he never spent time in pre-trial psychiatric confinement, the court granted the petition for review and remanded for a determination of the amount of constructive good time credit to which he was entitled for the period of his civil confinement.
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