Carlos Humberto Aguirre-Colindres v. Robert L. Bombaugh Richard L. Thornburgh Gene McNary

60 F.3d 832 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlos Humberto AGUIRRE-COLINDRES, Plaintiff-Appellant, v. Robert L. BOMBAUGH; Richard L. Thornburgh; Gene McNary, Defendants-Appellees. No. 94-35798. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1995. Decided June 30, 1995. Before: BROWNING, BOOCHEVER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Aguirre-Colindres appeals the district court decision, on summary judgment, that he is not entitled to a de novo asylum hearing under the consent judgment in American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991), because he has been convicted of an aggravated felony. We affirm. 3 Aguirre-Colindres contends the plain meaning of the agreement's language, excluding aliens "convicted of an aggravated felony as that term is defined in the Immigration and Nationality Act [INA], as amended," id. at 799 , refers only to those aliens convicted of aggravated felony after…