Aguilar-Turcios v. Holder, No. 06-73451 (9th Cir. 2012)Annotate this Case
Petitioner, a native and citizen of Honduras and a lawful permanent resident alien of the United States, petitioned for review of the Board of Immigration Appeals' (BIA) order dismissing his appeal from an immigration judge's order finding him removable as an alien convicted of an aggravated felony. At issue before the Ninth Circuit Court of Appeals was whether Petitioner's conviction under Article 92 of the Uniform Code of Military Justice qualified as an "aggravated felony" under the modified categorical approach as explained in the Court's recent en banc decision in United Sates v. Aguila-Montes de Oca. The Court granted the petition, concluding that Petitioner's Article 92 conviction was not an aggravated felony and Petitioner was therefore not removable. Remanded with instructions to vacate the removal order against Petitioner.
This opinion or order relates to an opinion or order originally issued on September 29, 2009.