U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

Criminal and Immigration Cases

Eneh v. Holder, No. 05-75264, involved a petition for review of the BIA's denial of petitioner's application for asylum, withholding of removal, and withholding and deferral of removal under the Convention Against Torture.  The Ninth Circuit granted the petition on the ground that the BIA's reasoning appeared to be at odds with the Immigration Judge's decision, petitioner's credible testimony, and judicially-noticeable facts.

In US v. Alderman, No. 08-30322, the court of appeals affirmed defendant's firearm possession sentence, holding that the first degree theft crime under Washington law of which defendant was convicted was a "crime of violence" for purposes of the Guidelines enhancement, and the shooting committed by defendant was an assault under Washington law.

US v. Velasquez-Bosque, No. 09-50126, concerned the government's appeal from defendant's sentence for illegal reentry into the U.S.  The court reversed, holding that carjacking under California Penal Code section 215 was a categorical crime of violence under U.S.S.G. section 2L1.2(b)(1)(A)(ii).

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