An Iraqi petitioner's request for review of BIA's denial of his application for asylum and related relief is vacated and remanded as the immigration judge never made a finding of fact regarding the length of time that petitioner actually served in prison for his assault conviction, and should he be found to have served less than one year in prison, he should be held not to be an aggravated felon and not removable.
Argued: October 6, 2009
Decided and Filed: November 9, 2009
Opinion by Circuit Judge Martin
For Appellant: John W. Blakeley, United States Department of Justice, Washington, DC.
For Appellee: Mark Jacob Thomas, Mark Jacob Thomas & Associates, Chicago, Illinois.