PENULIAR v. ASHCROFT

No. 03-71578.

395 F.3d 1037 (2005)

Nopring Paulino PENULIAR, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2005.


Attorney(s) appearing for the Case

Melanie Jo Triebel, O'Melveny & Myers LLP, Newport Beach, CA, for the petitioner.

Nicole Nardone (argued) and Jennifer Paisner (briefed), Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, D.C., for the respondent.

Before: BROWNING, PREGERSON, and BERZON, Circuit Judges.


PREGERSON, Circuit Judge.

Nopring Paulino Penuliar petitions for review of a decision of the Board of Immigration Appeals ("BIA"). Penuliar, a lawful permanent resident, pled guilty to two counts of unlawful driving or taking of a vehicle in violation of California Vehicle Code § 10851(a), and one count of evading an officer in violation of California Vehicle Code § 2800.2(a). Classifying both convictions as "aggravated felonies" under the Immigration and...

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