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MORALES-ALEGRIA v. GONZALES

No. 03-73117.

449 F.3d 1051 (2006)

Francisco Jose MORALES-ALEGRIA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2006.

Attorney(s) appearing for the Case

Adam V. Loiacono, Law Offices of Shawn Sedaghat, Encino, CA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Margaret J. Perry, Senior Litigation Counsel & Arthur L. Rabin, Trial Attorney, U.S. Department of Justice, Washington, DC, for the respondent.

Before JOHN T. NOONAN, ANDREW J. KLEINFELD, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge.

The Board of Immigration Appeals (BIA) held that Francisco Morales-Alegria was removable because he had been convicted of an "aggravated felony" within the meaning of Immigration and Nationality Act (INA) section 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R). Morales-Alegria maintains that his conviction for forgery under California Penal Code section 4761 does not qualify as an "aggravated felony." He contends that...

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