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Immigration,
Criminal,
9th U.S. Circuit Court of Appeals

Jul. 19, 2019

9th Circuit reverses precedent in immigrant removal case

A divided en banc 9th U.S. Circuit Court of Appeals, overturning its own precedent, has eased the burden subjects of removal proceedings face when arguing a conviction under state law is not equivalent to a parallel federal law.

A divided en banc 9th U.S. Circuit Court of Appeals, overturning its own precedent, has eased the burden subjects of proceedings face when arguing a conviction under state law is not equivalent to a parallel federal law.

In an 8-3 ruling published Thursday, a majority of an en banc panel said recent U.S. Supreme Court precedent changed the way federal judges must execute the modified categorical approach, a test used to determine wh...

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