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JORDISON v. GONZALES

No. 04-71026.

501 F.3d 1134 (2007)

Michael Gabriel JORDISON, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Vacated January 24, 2007.

Resubmitted August 15, 2007.

Filed September 4, 2007.

As Amended October 30, 2007.

Attorney(s) appearing for the Case

Paul N. Medved, Law Offices of Paul N. Medved, Los Angeles, CA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division; Greg D. Mack, Senior Litigation Counsel, Office of Immigration Litigation; Wayne C. Raabe, Senior Trial Attorney, U.S. Department of Justice, Criminal Division, Narcotics and Dangerous Drugs Section, Washington, D.C., for the respondent.

Before: MELVIN BRUNETTI, ALEX KOZINSKI and PAMELA ANN RYMER, Circuit Judges.

KOZINSKI, Circuit Judge:

We consider whether petitioner's conviction under California Penal Code § 452(c) for "recklessly set[ting] fire to . . . a structure or forest land" is a "crime of violence" under 18 U.S.C. § 16(b).

Michael Gabriel Jordison is a Canadian citizen who came to this country on a temporary visa and remained here after that visa expired. Jordison pled guilty to setting a fire in violation of California Penal Code § 452(c)...

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