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QUINTERO-SALAZAR v. KEISLER

No. 04-73128.

506 F.3d 688 (2007)

Alberto Rene QUINTERO-SALAZAR, Petitioner, v. Peter D. KEISLER, Acting Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2007.

Attorney(s) appearing for the Case

Zachary Nightingale, Van Der Hout, Brigagliano & Nightingale, San Francisco, CA, argued the cause for the petitioner; Marc Van Der Hout, Van Der Hout, Brigagliano & Nightingale, San Francisco, CA, was on the brief.

Ernesto H. Molina, Jr., Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., argued the cause for the respondent; Peter D. Keisler, Assistant Attorney General, and David V. Bernal, Assistant Director, Civil Division, United States Department of Justice, Washington, D.C., were on the brief.

Before: ANDREW J. KLEINFELD and SIDNEY R. THOMAS, Circuit Judges, and RONALD B. LEIGHTON, District Judge.

Opinion by Judge THOMAS; Dissent by judge KLEINFELD.

THOMAS, Circuit Judge:

This case presents the question of whether Cal.Penal Code § 261.5(d) is categorically a crime involving moral turpitude within the meaning of 8 U.S.C. § 1182(a)(2)(A)(i)(I), thus making an alien removable. We conclude that it is not, and grant the petition for review from the contrary decision of the Board of Immigration Appeals ("BIA").

I

Alberto Rene Quintero...

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