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AGUILAR-TURCIOS v. HOLDER

No. 06-73451.

691 F.3d 1025 (2012)

Rigoberto AGUILAR-TURCIOS, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2012.

Attorney(s) appearing for the Case

David B. Landry , San Diego, CA, for petitioner Rigoberto Aguilar-Turcios.

Steven F. Hubacheck , Federal Defenders of San Diego, Inc., San Diego, California, amicus for petitioner Rigoberto Aguilar-Turcios.

Andrew C. MacLachlan (argued), Tony West , Assistant Attorney General, Donald E. Keener , Deputy Director, Robert N. Markle , Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for respondent Eric H. Holder Jr., Attorney General.

Opinion by Judge PAEZ; Dissent by Judge BYBEE.

OPINION

PAEZ, Circuit Judge:

In this petition for review of a decision by the Board of Immigration Appeals (BIA or Board), we address whether Petitioner Rigoberto Aguilar-Turcios' conviction under Article 92 of the Uniform Code of Military Justice (UCMJ) qualifies as an "aggravated felony" under the modified categorical approach as explained by our recent en banc decision in United States v. Aguila-Montes de Oca, 655 F.3d 915

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