In a petition for review of the BIA's order dismissing petitioner's appeal from an Immigration Judge's order finding him removable as an alien convicted of an aggravated felony, the petition is granted where petitioner was not convicted of an aggravated felony as his conviction for violating Article 92 of the Uniform Code of Military Justice did not categorically involve a depiction of a minor engaging in sexually explicit conduct.
Argued and Submitted December 7, 2007
Filed September 29, 2009
Opinion by Judge Nelson
Dissent by Judge Bybee
David B. Landry, San Diego, CA
Siu P. Wong and Greg D. Mack, Department of Justice, Washington, DC