McDONALD v. GONZALES

No. 03-71986.

400 F.3d 684 (2005)

Ellen Valle McDONALD, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2005.


Attorney(s) appearing for the Case

Stuart I. Folinsky (briefed and argued), Los Angeles, CA, for the petitioner.

Nancy Friedman (argued) and Barry J. Pettinato (briefed), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.

Before: FERGUSON, NOONAN and HAWKINS, Circuit Judges.


MICHAEL DALY HAWKINS, Circuit Judge.

Ellen Valle McDonald, a native of the Philippines and legal permanent resident of the United States, was found removable under 8 U.S.C. § 1227(a)(6)(A) for voting in violation of Hawaii law. Although § 1227(a)(6)(A) provides the reason for deportation, we look to the relevant Hawaii statute, H.R.S. § 19-3.5(2), to decide whether that reason is substantiated, i.e., whether a violation occurred. Because we determine...

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