The Ninth Circuit granted a petition for review and vacated a removal order because the underlying conviction no longer qualifies as an aggravated felony. The court relied on its recent en banc decision in United States v. Gomez to resolve the removability question.
Background
Sokhean Keo petitioned for review of a Board of Immigration Appeals order affirming an Immigration Judge’s removal order and denying his application for adjustment of status. The government charged Keo with removability based on a California Penal Code conviction that it alleged was a crime of violence and an aggravated felony.
The court’s reasoning
The court held that Keo is not removable as charged in light of the en banc decision in United States v. Gomez. The government conceded that Gomez resolved the question of whether the petitioner was removable under the specific statute. The court declined to reach other issues raised by Keo as they were unnecessary to the disposition.
What it means going forward
The ruling prevents removal based on the specific conviction cited, requiring the immigration proceedings to be reconsidered in light of the new legal standard established in Gomez.
