What is the current state of the law on non-citizen criminal convictions in a non-Citizen criminal case?

or an "aggravated felony."¹ In turn, non-citizen criminal defendants contemplating a plea offer must predict how an immigration judge could later categorize the conviction. The impact of this categorization can be profoundin this case, it determines whether a 34-year-old lawful permanent resident who has lived in the United States since he was 17 will be deported to a country in which he has no family, or whether he will remain in this country with his father. Unfortunately, we have provided incoherent guidance to the immigration judges making these important decisions and to defendants contemplating plea agreements. I would have reheard this case en banc to resolve the conflict that it creates with United States v. Vidal, 504 F.3d 1072 (9th Cir. 2007) (en banc).