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Teposte v. Holder, No. 08-72516

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By FindLaw Staff on October 27, 2010 8:23 AM

Petition for Review of Aggravated Felony-Based Removal Granted

In Teposte v. Holder, No. 08-72516, a petition for review of a decision of the Board of Immigration Appeals (BIA) dismissing petitioner's appeal of an Immigration Judge's (IJ) order of removal based on a conviction of an aggravated felony, the court granted the petition where the California offense of shooting at an inhabited dwelling or vehicle was not categorically a crime of violence as that term was defined in 18 U.S.C. section 16(b).

As the court wrote:  "Cirilo Aaron Covarrubias Teposte (hereafter "Covarrubias") petitions for review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal of an Immigration Judge's ("IJ") order of removal based on a conviction of an aggravated felony. We must decide whether the California offense of shooting at an inhabited dwelling or vehicle is categorically a crime of violence as that term is defined in 18 U.S.C. § 16(b) and therefore is an aggravated felony making Covarrubias removable. We have jurisdiction under 8 U.S.C. § 1252(a)(2)(D), and we grant the petition for review."

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