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ImmigrationProf Blog
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Santa Clara Rocks!

By immigrationprof

Fcty_evangeline_abriel Michael Adura-Miranda, Erika S. Rivera and Professor Evangeline G. Abriel of Santa Clara University School of Law were victorious in Ayala v Mukasey, decided by the Ninth Circuit today. 

In the case, Rafael Vizcarra-Ayala, a native and citizen of Mexico, challenges the Board of Immigration Appeals’ ruling that his forgery conviction under California Penal Code § 475(c) renders him an aggravated felon pursuant to Immigration and Naturalization Act § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R). He argues that Penal Code § 475(c) encompasses conduct involving real, unaltered documents and thus is not categorically an offense “relating to . . . forgery” under INA § 101(a)(43)(R).  The Ninth Circuit agreed with Vizcarra-Ayala and held that the removal order could not stand.

KJ