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LISBEY v. GONZALES

No. 04-70557.

420 F.3d 930 (2005)

Henry Robert LISBEY, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2005.

Attorney(s) appearing for the Case

Allan Ides, Loyola Law School, Los Angeles, CA, for the petitioner.

Russell Verby and Carol Federighi, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: SCHROEDER, Chief Judge, PREGERSON, and TROTT, Circuit Judges.

SCHROEDER, Chief Judge.

Henry Robert Lisbey petitions for review of the Board of Immigration Appeal's ("BIA") dismissal of his appeal from an Immigration Judge's ("IJ") decision finding him removable as an alien convicted of an aggravated felony. At issue in this appeal is whether the crime of sexual battery under California Penal Code § 243.4(a) constitutes an "aggravated felony" authorizing removal of an alien pursuant to § 237(a)(2)(A)(iii) of the federal...

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