Nguyen v. Holder, No. 08-3579

In a petition for review of the BIA's order removing Petitioner from the U.S. for committing a "crime of violence," the petition is granted where the theft of an automobile under the California grand theft statute is not a "crime of violence" under 18 U.S.C. section 16(b).

Read Nguyen v. Holder, No. 08-3579

Appellate Information

Submitted: May 1, 2009

Decided and Filed: July 2, 2009

Judges

Opinion by Judge Merritt

Concurring Opinion by Judge Griffin

Counsel

For Petitioner:

Ronald E. Kaplovitz, Kaplovitz & Assocs., P.C., Sylvan Lake, MI

For Respondent:

M. Jocelyn Lopez Wright, United States Department of Justice, Washington, DC