Suazo Perez v. Mukasey
Court of Appeals for the Ninth Circuit
1Opinion of the Court
McKEOWN, Circuit Judge:
Fidel Suazo Perez (“Suazo”) petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) removal order. 1 The IJ ordered Suazo’s removal on the basis that his conviction for misdemeanor assault was a conviction for a “crime of violence,” and thus an “aggravated felony.” Because fourth degree assault under Washington law is not categorically a “crime of violence,” and the modified categorical approach does not establish that Suazo’s conviction was based on a “crime of violence,” we grant his petition.
BACKGROUND
Suaz…
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