Morales-Alegria v. Gonzales

449 F.3d 1051 (2006)

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Morales-Alegria v. Gonzales

United States Court of Appeals for the Ninth Circuit
449 F.3d 1051 (2006)

  • Written by Sharon Feldman, JD

Facts

Francisco Morales-Alegria (defendant) was a citizen of Guatemala living in California. Morales-Alegria was convicted of forgery under California Penal Code § 476. Morales-Alegria was charged with removal from the United States for having committed an aggravated felony. The immigration judge held that Morales-Alegria was removable. Morales-Alegria petitioned for review, arguing that his conviction was not for a forgery offense because the generic definition of forgery requires knowledge of the fictitious nature of the instrument and California Penal Code § 476 does not.

Rule of Law

Issue

Holding and Reasoning (Berzon, J.)

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