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FERNANDEZ-RUIZ v. GONZALES

No. 03-74533.

468 F.3d 1159 (2006)

Jose Roberto FERNANDEZ-RUIZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

November 15, 2006.

Attorney(s) appearing for the Case

Erica K. Rocush, Tucson, AR, for the petitioner.

Peter D. Keisler, Assistant Attorney General; David V. Bernal, Assistant Director; and S. Nicole Nardone, Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before STEPHEN REINHARDT, JOHN T. NOONAN, and FERDINAND F. FERNANDEZ, Circuit Judges.

REINHARDT, Circuit Judge.

This case was remanded to us by the en banc court. We now consider two principal issues: first, whether the petitioner's two misdemeanor domestic assault convictions constitute crimes of moral turpitude rendering him removable under 8 U.S.C. § 1227(a)(2)(A)(ii), and second, whether he is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) because his 1992 theft offense constitutes an aggravated felony as defined in section 1101(a)(43...

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