Abreu-Reyes v. INS, 292 F.3d 1029 (9th Cir. 2002), earlier mandate withdrawn, petition for rehearing granted, prior opinion withdrawn, petition for review granted, 350 F.3d 966 (9th Cir. Nov. 21, 2003) ("for the reasons stated in Corona-Sanchez, 291 F.3d 1201, 1211-12 (9th Cir. 2002) (en banc) and Huerta-Guevara v. Ashcroft, 321 F.3d 883, 888 (9th Cir. 2003) . . . [t]he immigration judge was not authorized to use the pre-sentence report in determining whether petitioner was an aggravated felon for purposes of removal.")
jurisdiction:
Ninth Circuit