Aguilera-Rios
United States v. Aguilera-Rios
Opinion
Lead Opinion
Berzon, J.
ORDER AND AMENDED OPINION
ORDER
The opinion filed on June 17, 2014, is hereby amended. The superseding amended opinion will be filed concurrently with this order. No further petitions for rehearing or petitions for rehearing en banc will be entertained.
OPINION
Jorge Aguilera-Rios (“Aguilera”), a citizen of Mexico, was convicted of a California firearms offense, removed from the United States on the basis of that convie *629 tion, and, when he returned to the country, tried and convicted of illegal reentry under 8 U.S.C. § 1326 . He contends that his prior removal order was invalid because his conviction under California Penal Code § 12021(c)(1) was not a categorical match for the Immigration and Nationality Act’s (“INA”) firearms offense. We agree that he was not originally removable as charged, and so could not be convicted of illegal reentry. We therefore reverse the judgment of conviction.
I.
Aguilera entered the United States without inspection at the age of five to live with his parents, who were lawful permanent residents. He became a lawful permanent resident in 2000. Two years later, he was convicted of unlawful firearms possession in violation of California Penal…