June Dumayas Bayudan v. John Ashcroft, Attorney General

ORDER

June Dumayas Bayudan (“Bayudan”) petitions us to set aside our April 15, 2002, order dismissing for lack of jurisdiction. We grant the petition, set aside our April 15, 2002, order and set a briefing schedule.

In our April 15, 2002, order, we held that we could not hear Bayudan’s case because his Hawaii conviction qualified as an “aggravated felony,” rendering him de-portable under 8 U.S.C. § 1227 (a)(2)(A)(iii) and precluding our jurisdiction under 8 U.S.C. § 1252 (a)(2)(C). A “crime of violence” qualifies as an aggravated felony provided the imprisonment imposed for that offense is at least one year. 8 U.S.C. § 1101 (a)(43)(F); Alberto-Gonzalez v. INS, 215 F.3d 906, 909 (9th Cir.2000). Although Bayudan was initially sentenced to one year imprisonment, that sentence was later amended to 364 days. Bayudan was sentenced to less than one year imprisonment. It appears that his conviction is not a conviction for an aggravated felony. We grant the petition for rehearing and set aside our April 15, 2002, order.

The remaining pivotal question in the case is whether manslaughter, and in particular manslaughter under Hawaii law, is a crime of moral turpitude. The papers filed by…