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AGUIRRE-AGUIRRE v. I.N.S.

No. 96-70267.

121 F.3d 521 (1997)

Juan Anibal AGUIRRE-AGUIRRE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided August 8, 1997.

Attorney(s) appearing for the Case

Ralph J. Leardo, Law Offices of Nancy Ann Fellom, San Francisco, CA; Veronica L. Burris-Valentine, Tingey & Burris, Las Vegas, NV; Nadine K. Wettstein, Tucson, AZ, for petitioner.

Ronald E. LeFevre, Chief Legal Officer, Immigration and Naturalization Service, San Francisco, CA; Joan E. Smiley, Hugh G. Mullane, M. Jocelyn Lopez Wright, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for respondent.

Before: PREGERSON, JOHN T. NOONAN, Jr., and KLEINFELD, Circuit Judges.

NOONAN, Circuit Judge:

Juan Anibal Aguirre-Aguirre (Aguirre) petitions for review of the order of the Board of Immigration Appeals (the Board) finding him ineligible for withholding of deportation and asylum. Holding that the Board has erred as a matter of law in its interpretation of 8 U.S.C. § 1253(h)(2)(C) (1994) ("serious non-political crime"), we grant the petition and remand.

PROCEEDINGS

Aguirre entered the United States without...

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