NATH v. GONZALES

No. 05-16557.

467 F.3d 1185 (2006)

Narayan Prasad NATH, Petitioner-Appellant, v. Alberto GONZALES, Attorney General of the United States, Michael Chertoff, Secretary of Homeland Security, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 3, 2006.


Attorney(s) appearing for the Case

Christopher J. Stender, Stender & Pope, P.C., Phoenix, AZ, for the petitioner.

Paul K. Charlton, United States Attorney, John Joseph Tuchi, Deputy Appellate Chief, and Cynthia M. Parsons, Assistant U.S. Attorney, Phoenix, AZ, for the respondents-appellees.

Before PROCTER HUG, GILBERT S. MERRITT, and RICHARD A. PAEZ, Circuit Judges.


MERRITT, Senior Circuit Judge.

Narayan Prasad Nath, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals' ("BIA") denial of his motion to reopen. The BIA upheld an Order of Removal or deportation against Nath under 8 U.S.C. § 1227(a)(2)(A)(iii) ("Any alien who is convicted of an aggravated felony at any time after admission is deportable."). In his motion to reopen, Nath asserted that his conviction under Cal. Health & Safety...

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