Vizcarra-Ayala v. Mukasey

Rafael Vizcarra-Ayala ("Vizcarra-Ayala"), a native and citizen of Mexico, challenges the Board of Immigration Appeals ("BIA") ruling that his forgery conviction under California Penal Code § 475(c) ("Penal Code § 475(c)") renders him an aggravated felon pursuant to Immigration and Naturalization Act ("INA") § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R). He argues that Penal Code § 475(c) encompasses conduct involving real, unaltered documents and thus is not categorically an offense "relating to . . . forgery" under INA § 101(a)(43)(R). We agree and grant the petition.