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FERNANDEZ-RUIZ v. GONZALES

No. 03-74533.

466 F.3d 1121 (2006)

JOSE ROBERTO FERNANDEZ-RUIZ, Petitioner, v. ALBERTO R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2006.

Attorney(s) appearing for the Case

Erica K. Rocush, Snell & Wilmer L.L.P., Tucson, Arizona, for the petitioner-appellant.

Peter D. Keisler, Assistant Attorney General; Donald E. Keener, Deputy Director; John Andre, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Lynn Marcus, Immigration Law Clinic, Rogers College of Law, University of Arizona, Tucson, Arizona; Vicky Dobrin and Hilary Han, Dobrin & Han, PC, Seattle, Washington; Lory Diana Rosenberg, Immigration Defense & Expert Assistance Consultation and Training, Rockville, Maryland, for the amici.

Before: Mary M. Schroeder, Chief Judge, Stephen Reinhardt, Alex Kozinski, John T. Noonan, Diarmuid F. O'Scannlain, Michael Daly Hawkins, Kim McLane Wardlaw, Richard R. Clifton, Jay S. Bybee, Consuelo M. Callahan, and Carlos T. Bea, Circuit Judges.

Argued and Submitted March 21, 2006 — San Francisco, California.

Opinion by Judge Bea; Partial Concurrence and Partial Dissent by Judge Kozinski; Dissent by Judge Wardlaw.

OPINION

BEA, Circuit Judge, joined by Chief Judge SCHROEDER, Judges REINHARDT, NOONAN, HAWKINS, CLIFTON:

This case calls upon us to decide whether the petitioner's 2003 Arizona conviction for domestic violence was a "crime of domestic violence" under a federal statute...

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