ASPILAIRE v. U.S. ATTY. GEN.

No. 19-12605.

992 F.3d 1248 (2021)

Rubens ASPILAIRE, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

April 6, 2021.


Attorney(s) appearing for the Case

Michael S. Vastine , St. Thomas University School of Law, MIAMI GARDENS, FL, Sui Chung , Immigration Law & Litigation Group, MIAMI, FL, for Petitioner.

Timothy G. Hayes , Sunah Lee , U.S. Department of Justice, Office of Immigration Litigation, WASHINGTON, DC, Michelle M. Ressler , District Counsel's Office, USICE, MIAMI, FL, for Respondent.

Before WILLIAM PRYOR, Chief Judge, JILL PRYOR, Circuit Judge, and SELF, District Judge.


This petition for review requires us to decide whether a Florida conviction for being a felon in possession of a firearm, Fla. Stat. § 790.23(1)(a), is categorically an aggravated felony under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(E)(ii). The Board of Immigration Appeals ordered Rubens...

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