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SZONYI v. BARR

No. 15-73514.

942 F.3d 874 (2019)

Istvan SZONYI, Petitioner, v. William P. BARR, Acting Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2019.

Amended November 13, 2019.

Attorney(s) appearing for the Case

David Timothy Raimer (argued), Jones Day, Washington, D.C.; Meir Feder , Jones Day, New York, New York; for Petitioner.

Leslie McKay (argued) and Bryan S. Beier , Senior Litigation Counsel; Terri J. Scadron and John W. Blakeley , Assistant Directors; Joseph H. Hunt , Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Jennifer Lee Koh and Andrew Michael Knapp , Western State College of Law, Irvine, California, for Amicus Curiae American Immigration Lawyers Association.

Dissent to Order by Judge Collins; Opinion by Judge Clifton; Dissent by Judge Fisher

ORDER

The opinion filed on February 13, 2019, is hereby amended as follows:

1. On page 15 of the slip opinion, in the first full paragraph, replace:

As of then, however, the BIA itself had consistently applied its own narrower approach. It was not until 1992, a decade after Szonyi pled guilty, that the BIA announced that it would only apply its interpretation outside circuits, like the Ninth Circuit, that had adopted a more expansive interpretation...

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