Aguirre Barbosa v. Barr, No. 15-72092 (9th Cir. 2019)Annotate this Case
The Ninth Circuit filed an order denying respondent's motion to depublish and granting the motion to amend the prior opinion, as well as an amended opinion.
In the amended opinion, the panel held that petitioner's conviction under Oregon Statutes section 164.395 for robbery in the third degree is not categorically a crime involving moral turpitude. The panel held that the minimal force required for conviction was insufficient and the government waived the issue of divisibility. Therefore, petitioner was not statutorily ineligible for cancellation of removal and the panel affirmed the petition for review in part. However, the panel denied the petition for review as to the withholding of removal claim, holding that petitioner's proposed particular social group – individuals returning to Mexico who are believed to be wealthy – was overbroad. The panel remanded for further proceedings.
This opinion or order relates to an opinion or order originally issued on March 28, 2019.