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MANDUJANO-REAL v. MUKASEY

No. 06-74186.

526 F.3d 585 (2008)

Miguel MANDUJANO-REAL, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2008.

Attorney(s) appearing for the Case

Matt Adams, Esq., Northwest Immigrant Rights Project, Seattle, WA, for the petitioner.

Peter D. Keisler, Esq., Allen W. Hausman, Esq., Brooke M. Maurer, Esq., Office of Immigration Litigation, U.S. Department of Justice, Civil Division, WA, D.C., for the respondent.

Before: STEPHEN REINHARDT, M. MARGARET McKEOWN, and W. FLETCHER, Circuit Judges.

REINHARDT, Circuit Judge:

We consider whether a conviction for identity theft under Oregon Revised Statute § 165.800 is a conviction for an aggravated felony theft offense for the purposes of 8 U.S.C. § 1101(a)(43)(G) of the Immigration and Nationality Act ("INA"). We hold that it is not.

I. Factual and Procedural Background

Petitioner, Miguel Mandujano-Real, is a thirty-three year old native and...

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