In a petition for review of the BIA’s order dismissing petitioner’s appeal from an Immigration Judge’s order finding him removable as an alien convicted of an aggravated felony, the petition is granted where petitioner was not convicted of an aggravated felony as his conviction for violating Article 92 of the Uniform Code of Military Justice did not categorically involve a depiction of a minor engaging in sexually explicit conduct.

Read Aguilar-Turcios v. Holder, No. 06-73451

Appellate Information

Argued and Submitted December 7, 2007

Filed September 29, 2009

Judges

Opinion by Judge Nelson

Dissent by Judge Bybee

Counsel

For Petitioner:

David B. Landry, San Diego, CA

For Respondent:

Siu P. Wong and Greg D. Mack, Department of Justice, Washington, DC

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