Grant of Petition for Review of BIA Order
In Saavedra-Figueroa v. Holder, No. 05-75210, a petition for review of the Board of Immigration Appeals (BIA)'s determination that petitioner was removable because he had been convicted of an aggravated felony and two crimes of moral turpitude, the court granted the petition where 1) the BIA's determination was not entitled to Chevron deference, because the BIA did not issue or rely on a precedential decision; and 2) although petitioner admitted both prior misdemeanor convictions, there was no record evidence of the factual allegations underlying his second conviction.
As the court wrote: "Mario Saavedra-Figueroa ("Saavedra-Figueroa") is a native and citizen of Chile who has been a United States lawful permanent resident since 1970. The Board of Immigration Appeals ("BIA") determined that Saavedra-Figueroa was removable because he had been convicted of an aggravated felony and two crimes of moral turpitude ("CIMTs") after
admission, pursuant to the Immigration and Nationality Act ("INA") § 237(a)(2)(A)(ii)-(iii), 8 U.S.C. § 1227(a)(2)(A)(ii)-(iii)."
- Read the Ninth Circuit's Decision in Saavedra-Figueroa v. Holder, No. 05-75210