ORTEGA-MENDEZ v. GONZALES

No. 03-74711.

450 F.3d 1010 (2006)

Roberto ORTEGA-MENDEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2006.


Attorney(s) appearing for the Case

James F. Smith, Davis, California, and Christopher J. Todd, Mill Valley, CA, for the petitioner.

Alison R. Drucker and Margaret J. Perry, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: THOMPSON, BERZON, and CALLAHAN, Circuit Judges.


BERZON, Circuit Judge:

An Immigration Judge (IJ) determined that Roberto Ortega-Mendez's 1998 conviction for battery under California Penal Code section 242 was a "crime of domestic violence" within the meaning of 8 U.S.C. § 1227(a)(2)(E)(i). As a result, the IJ declared Ortega-Mendez ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1) as an alien who has "been convicted of an offense under section . . . 1227(a)(2)." 8 U.S.C. § 1229b...

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