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CISNEROS-PEREZ v. GONZALES

No. 04-71717.

451 F.3d 1053 (2006)

Pedro Luis CISNEROS-PEREZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2006.

Attorney(s) appearing for the Case

Martin Resendez Guajardo, San Francisco, CA, for the petitioner.

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

Before DAVID R. THOMPSON, MARSHA S. BERZON, and CONSUELO M. CALLAHAN, Circuit Judges.

BERZON, Circuit Judge.

Pedro Luis Cisneros-Perez, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming a decision of an Immigration Judge (IJ) finding that he was ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1). The IJ determined, under the "modified" categorical approach, that Cisneros-Perez's 2001 conviction for battery under California Penal Code section 242 was a "crime...

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