Wednesday, September 30, 2009
"We hold that Aguilar’s conviction for violating Article 92 of the U.C.M.J. is not an aggravated felony. Aguilar is not, therefore, deportable as an alien convicted of an aggravated felony. Accordingly, we grant the petition for review and remand to the BIA with instructions to terminate the proceedings and order the government to release Aguilar."
Buried in footnote 5 is the following bombshell: "While this appeal was pending and this court’s order staying removal was in place, the government mistakenly removed Aguilar to Honduras. To date, efforts by the government and Aguilar’s counsel to locate and return Aguilar to the United States have been unsuccessful."
I am left to ask -- what the heck?