U.S. Supreme Court vs. Ninth Circuit on “Aggravated Felony”

In an opinion written by Judge Harry Pregerson (and joined by Judges Browning and Berzon), the Ninth Circuit refused to change its views in response to the Supreme Court’s latest on the definition of “aggravated felony”:

“We granted Penuliar’s petition for review, Penuliar v. Gonzales, 435 F.3d 961 (9th Cir. 2006), but the Supreme Court vacated our decision, Gonzales v. Penuliar, 127 S. Ct. 1146 (2006), and remanded to us for further proceedings in light of Gonzales v. Duenas-Alvarez, 549 U.S. ___, 127 S.Ct. 815 (2007). Because we again conclude that Penuliar’s convictions do not constitute “aggravated felonies” under the INA, we grant his petition for review.”

Penuliar v. Mukasey (9th Cir. Apr. 22, 2008). 

Download penuliar20iii20920422081.pdf

KJ