ORTIZ-MAGANA v. MUKASEY

No. 06-72797.

523 F.3d 1042 (2008)

Gerardo ORTIZ-MAGANA, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2008.


Attorney(s) appearing for the Case

Kari E. Hong, Esq., Law Offices of Kari E. Hong, Portland, OR, for the petitioner.

Dalin R. Holyoak, Esq., Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Before: BARRY G. SILVERMAN, M. MARGARET McKEOWN, and RICHARD C. TALLMAN, Circuit Judges.


TALLMAN, Circuit Judge:

Assault with a deadly weapon under California Penal Code § 245(a)(1) is a crime of violence as defined by 18 U.S.C. § 16; therefore, an alien convicted of that offense generally is an "aggravated felon" for immigration purposes. We must decide as a matter of first impression whether an alien is also an "aggravated felon" when he is convicted under section 245(a)(1) as an aider and abettor instead of as a principal. The Board of Immigration...

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