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AGUILAR-TURCIOS v. HOLDER

No. 06-73451.

740 F.3d 1294 (2014)

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

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2014.

Withdrawn September 10, 2013.

Attorney(s) appearing for the Case

David B. Landry (argued), San Diego, CA, for Petitioner.

Steven F. Hubachek , Federal Defenders of San Diego, Inc., San Diego, CA, for Amici Curiae Federal Public and Community Defenders.

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.

Before: WILLIAM A. FLETCHER, RICHARD A. PAEZ, and JAY S. BYBEE, Circuit Judges.

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's conviction under Article 92 of the Uniform Code of Military Justice ("UCMJ") qualifies as an "aggravated felony" as defined in 8 U.S.C. § 1101(a)(43)(I). For the reasons discussed below, we conclude that Aguilar-Turcios's Article 92 conviction is not an aggravated felony...

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