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MARTINEZ-PEREZ v. ASHCROFT

No. 03-70531.

393 F.3d 1018 (2004)

Sergio MARTINEZ-PEREZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2004.

Attorney(s) appearing for the Case

Frank E. Ronzio, Los Angeles, CA, for the petitioner.

David E. Dauenheimer, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.

Before TASHIMA, FISHER, and TALLMAN, Circuit Judges.

TASHIMA, Circuit Judge:

Sergio Martinez-Perez ("Martinez") petitions for review of the Board of Immigration Appeal's ("BIA") opinion affirming the Immigration Judge's ("IJ") conclusion that he is removable and ineligible for any form of relief because of his conviction for an aggravated felony. Martinez argues that his conviction for grand theft under § 487(c) of the California Penal Code does not constitute a theft...

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