VELASQUEZ-RIOS v. BARR

Nos. 18-72990, 18-73218.

979 F.3d 690 (2020)

Eduardo VELASQUEZ-RIOS, Petitioner, v. William P. BARR, Attorney General, Respondent. Sanjay Joseph Desai, aka Sanjay Joseph Andrews, aka Joao Sergio Karamano Soverano, Petitioner, v. William P. Barr, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2020.


Attorney(s) appearing for the Case

Carlos A. Cruz (argued), Alhambra, California, for Petitioner Eduardo Velasquez-Rios.

Stacy Tolchin (argued) and Megan Brewer , Law Offices of Stacy Tolchin, Los Angeles, California; Katherine Brady and Rose Cahn , Immigrant Legal Resource Center, San Francisco, California; Khaled Alrabe , National Immigration Project of the National Lawyers Guild, Boston, Massachusetts; for Petitioner Sanjay Joseph Desai.

Alexander J. Lutz (argued), Trial Attorney; Jonathan Aaron Robbins (argued), Senior Litigation Counsel; Anthony C. Payne and Anthony P. Nicastro , Assistant Directors; Joseph H. Hunt , Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Ronald M. Gould and Sandra S. Ikuta, Circuit Judges, and David A. Ezra, District Judge.


OPINION

In 2017, California's legislature retroactively reduced the maximum sentence available for misdemeanor convictions from one year to 364 days. In the cases appealed to us through Petitions for Review of the agency decisions, the Board of Immigrations Appeals ("BIA") considered whether, for purposes of 8 U.S...

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