No. 02-70048.

329 F.3d 1117 (2003)

Eliceo HERNANDEZ-MARTINEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2003.

Attorney(s) appearing for the Case

Judy Flanagan, Phoenix, AZ, for the petitioner.

Anh-Thu P. Mai, Department of Justice, Washington, DC, for the respondent.

Before NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

Opinion by Judge NOONAN. Concurring opinion by Judge WARDLAW.


NOONAN, Circuit Judge:

Eliceo Hernandez-Martinez (Hernandez) petitions for review of the decision of the Board of Immigration Appeals (the Board) holding him to be convicted of a crime of moral turpitude by virtue of his conviction under Arizona law of aggravated driving under the influence. We hold that the statute under which Hernandez...

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