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RUIZ-MORALES v. ASHCROFT

No. 02-70693.

361 F.3d 1219 (2004)

Silvio Ernesto RUIZ-MORALES, a/k/a Silvio Ernesto Ruiz, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2004.

Attorney(s) appearing for the Case

Brian D. Lerner, Carson, CA, for the petitioner.

Jennifer L. Lightbody, (briefed), William C. Erb, Jr., (argued), United States Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: TROTT, RAWLINSON, and BEA, Circuit Judges.

RAWLINSON, Circuit Judge:

Silvio Ernesto Ruiz-Morales's protestations to the contrary, we hold that the California crime of mayhem is an aggravated felony, depriving us of jurisdiction to review his challenge to the Board of Immigration Appeals's (BIA) ruling finding him removable, and denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT).

I. Background

Ruiz-Morales is a native and citizen...

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