Legal Opinion

Aguilar-Turcios v. Holder

Court of Appeals for the Ninth Circuit

Decided August 15, 2012No. 06-73451PublishedCited by 7 opinions

1Opinion of the Court

Opinion by Judge PAEZ; Dissent by Judge BYBEE.

OPINION

PAEZ, Circuit Judge:

In this petition for review of a decision by the Board of Immigration Appeals (BIA or Board), we address whether Petitioner Rigoberto Aguilar-Turcios’ conviction under Article 92 of the Uniform Code of Military Justice (UCMJ) qualifies as an “aggravated felony” under the modified categorical approach as explained by our recent en banc decision in United States v. Aguila-Montes de Oca, 655 F.3d 915 (9th Cir.2011). For the reasons discussed below, we conclude that Aguilar-Turcios’ Article 92 conviction is not an aggravated…

2Cases cited41 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  4. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  5. Nijhawan v. HolderSupreme Court of the United States · 2009

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3Cited by7 opinions

  1. United States v. Dontey TuckerCourt of Appeals for the Third Circuit · 2012
  2. Aguilar-Turcios v. HolderCourt of Appeals for the Ninth Circuit · 2014
  3. Aguilar-Turcios v. HolderCourt of Appeals for the Ninth Circuit · 2013
  4. Sanchez-Avalos v. HolderCourt of Appeals for the Ninth Circuit · 2012
  5. Robert Taylor v. United States Attorney GeneralCourt of Appeals for the Ninth Circuit · 2013

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