McKenzy Alfred v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MCKENZY ALII ALFRED, No. 19-72903 Petitioner, Agency No. v. A215-565-401

MERRICK B. GARLAND, United States Attorney General, OPINION Respondent.

Petition for Review from an Order of the Board of Immigration Appeals

Argued and Submitted March 3, 2021 Seattle, Washington

Filed September 22, 2021

Before: Johnnie B. Rawlinson and Jay S. Bybee, Circuit Judges, and Morrison C. England, Jr., * District Judge.

Opinion by Judge England; Special Concurrence by Judge England; Concurrence by Judge Rawlinson

* The Honorable Morrison C. England, Jr., United States District Judge for the Eastern District of California, sitting by designation. SUMMARY **

Immigration

Granting McKenzy Alii Alfred’s petition for review of a decision of the Board of Immigration Appeals, and remanding, the panel held that Petitioner’s convictions for robbery in the second degree and attempted robbery in the second degree, in violation of Wash. Rev. Code §§ 9A.56.190, 9A.56.210 and 9A.28.020, do not qualify as aggravated felony…