Prakash

Prakash v. Holder

Good Law
United States Court of Appeals for the Ninth CircuitAugust 26, 200907-72831California3,103 words

Opinion

Opinion

I. Background

Sunil Prakash is a native and citizen of Fiji who became a lawful permanent resident of the United States in 1997. In 2004, Prakash was charged with two felony violations of Cali- fornia Penal Code § 653f. Count 1 charged Prakash with soliciting another to commit and join in the commission of assault by means of force likely to produce great bodily injury with the intent that the crime be committed, in violation of California Penal Code § 653f(a). Count 2 charged Prakash with soliciting another to commit rape by force and violence with the intent that the crime be committed, in violation of California Penal Code § 653f(c). After he pled nolo con- tendere, Prakash was convicted of the crimes charged and sentenced to serve two years in prison.

Prakash was thereafter placed in removal proceedings. Based on the solicitation convictions, he was charged with the commission of an aggravated felony, specifically a crime of PRAKASH v. HOLDER 11791 violence for which the term of imprisonment was at least one year. Prakash disputed the charge, contending that solicitation offenses do not fall within the meaning of “crime of vio- lence.”

The immigration…

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