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HERNANDEZ-MARTINEZ v. ASHCROFT

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.

OPINION

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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