Juan Perez-Gonzalez v. Eric Holder, Jr.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
LESLIE H. SOUTHWICK, Circuit Judge:
Juan Perez-Gonzalez petitions for review of the Board of Immigration Appeals’ decision that he is to be removed based on having committed an aggravated felony. Because the record does not show that the crime for which he pled guilty was an aggravated felony, we GRANT the petition for review, REVERSE, and REMAND for further proceedings.
FACTS AND PROCEDURAL HISTORY
In 1986, a few months after his eighteenth birthday, Perez-Gonzalez pled guilty in Montana state court to sexual intercourse without consent, a felony. MontCode Ann. § 45-5-503(1). The formal…
Also in this document: Dissent.
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